The Union Government on Monday urged the Supreme Court to help lay down a law with a “long–lasting” implication for the country on the subject of foreigners’ right to approach local courts for relief after violating their visa conditions.
The government’s request to a Bench of Justices A.M. Khanwilkar and C.T. Ravikumar came during the hearing of petitions filed by foreign nationals who were charged with violating COVID-19 guidelines by participating in a Tablighi Jamaat congregation in Delhi’s Nizamuddin area. They were later exonerated of the charges.
“I did not oppose then. They [foreign nationals] are out and have reached their respective destinations... But I want the court to address certain questions which keep on arising,” Solicitor General Tushar Mehta, for the government, submitted.
Agreeing to file a short note on the issue raised by the Union, Mr. Mehta made a preliminary submission of what the government is seeking from the court.
“When a country issues a visa and there is a violation of visa conditions... When Article 19 is not applicable to foreigners, what would be the scope of their right to approach the local court?” Mr. Mehta asked.
Article 19 of the Constitution, which deals with right to free speech and expression, and also holding of meetings peaceably, is restricted to citizens unlike in the case of Article 21, which mandates that “no person shall be deprived of his life or personal liberty except according to procedure established by law” and is applicable to citizens and non–citizens alike.
Mr. Mehta said the issuance of visa was a sovereign function. Violation of visa conditions by a foreigner has virtually no remedies, he said. He referred to the case of Indians travelling abroad.
“When we go out and something happens which violates the conditions the visa has dealt with, virtually there is no remedy. There cannot be any remedy. It is a sovereign function. Say, in the case of the U.S. government... If Your Lordships may assist in laying down the law which can have a long–lasting implication for the country...” Mr. Mehta urged the court.
The apex court agreed to examine the issue and scheduled a hearing on April 8.
Senior advocate Menaka Guruswamy, who had appeared for the foreign nationals concerned in the case, said she too would file a note.
