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Arguing against a writ petition by 2 Bangladeshi nationals who sought relief under Articles 14, 19, and 21 of the Constitution of India, from the Delhi High Court against their blacklisting from entry into India, the Centre today retorted, "India is the only country in the world where foreigners can move court in writ petitions for denial of entry into the country, saying 'I have a right to enter here.'"

The petition was filed by two Bangladeshi Nationals, seeking entry into India on tourist visas, claiming that their daughter and sister lives here and that they were deported from India in May & September, 1999 stating that their names and passport numbers were part of a Blacklist Circular from 1998.

Shirin Akter (mother) and Shohel Ahmed (brother) of the girl living in India state that she is married to the Deputy High Commissioner, Bangladesh Embassy, in Kolkata and that in the past 20 years they have been allowed to visit her only once.

They allege that they were blacklisted without their knowledge and without affording them an opportunity to be heard, in an arbitrary and unreasonable manner "which is against the  established principles of natural justice and in a blatant violation of the ‘Doctrine of Reasonable Classification’ and thereby is violative of Article 14 and Article 21 of the Constitution of India."

They submitted in their plea that the framers of the Constitution of India, did not keep "the heart and soul of the Constitution that is, Article 21, limited only to citizens but rather have thought it appropriate to ensure that “No person shall be deprived of his life or personal liberty except according to procedure established by law”, thereby making Article 21 applicable to citizens and non-citizens alike."

They stated that therefore Article 21 is applicable to them and they cannot curtail this fundamental right by an arbitrary and "unreasonable executive action."

Counsel for the petitioners, Adv. Pankaj Mehta, while speaking with LawBeat, informed that they moved the petition for violation of Articles 14, 19 and 21 of the Constitution (Right to Equality, Right to Freedom of Movement, Right to Life).

Arguing against the matter, Additional Standing Counsel for the Centre, Amit Mahajan, stated, "File whatever you want to file before the government, but you can't seek reliefs under Article 19 in a writ petition as a foreigner." 

The petitioner's counsel said in reply, "But my daughter lives here," to which the bench of Justice Rekha Palli said, "That doesn't give you a right of entry. Let your daughter file saying she's got a right to life, etc."

Mahajan added while speaking with LawBeat, "India is probably the only country where courts entertain petitions challenging refusal of visa by their Government to foreigners. Only fundamental or legal right available to foreigners is Article 21 and they do not have right to live in this country."

The court has disposed off the matter, directing the petitioners to approach the Central Government with a representation which the government has been directed to decide within 6 weeks.

Cause Title: Shirin Akter & Anr. vs Union of India