Centre to frame Rules to intimate persons Blacklisted from entering India

The Delhi High Court has granted the Central Government three months’ time to frame comprehensive guidelines to ensure that persons who are blacklisted and are not permitted entry into India despite having been issued a valid visa/entry permit/Overseas Citizen of India card, are informed of the decision promptly..The order was passed by a single Judge Bench of Justice Vibhu Bakru in a petition by one Savitha Kumar after her husband, Dr. Naresh Sayanarayan Kumar was denied entry into the country and his passport was endorsed with the noting “entry refused”..Dr. Kumar holds the citizenship of the United Kingdom and is also an Overseas Citizen of India. When the Petitioner and her husband travelled to India in August 2018, the husband was denied entry. They were informed that the Petitioner’s husband had been blacklisted by an order passed by Foreigner Regional Registration Offices (FRRO), Chennai in March 2018..Aggrieved by the denial, the wife moved the Delhi High Court..Taking note of the number of cases that are instituted before the Court on account of foreigners/OCI card holders not being permitted entry into India on their arrival, Justice Bakru observed that none of the said persons receive any prior intimation about them being blacklisted..“Whilst there may be good reason for the respondents to deny certain foreigners entry into India, the practice of not informing them of such decision in advance, cannot be countenanced. This is not only unreasonable but militates against our value of fairness that is engrafted in the Constitution of India. This practice must be deprecated.”.By an order dated August 21, 2018, the High Court had, therefore, directed the Secretary, Ministry of External Affairs to ensure that necessary directions are issued to all the officers, who are authorised to issue blacklisting orders to inform such persons that they have been blacklisted and their entry into this country would be denied upon arrival..The Secretary, Ministry of External Affairs had also been directed to file an affidavit confirming compliance with the said order, within four weeks from the date the order was passed..However, when the matter came up for hearing next on November 12, 2018, the Court recorded that neither the affidavit of compliance nor the counter affidavit had been filed. It, therefore, directed the Secretary, Ministry of External Affairs to be present in Court on the next date of hearing..Meanwhile, the Petitioner’s husband’s name was deleted from the list. There being no impediment to his visit, it was directed that entry of the petitioner’s husband into India would not be obstructed..On the next date of hearing, Additional Solicitor General Maninder Kaur Acharya informed the Court that “comprehensive guidelines” are being framed to “promptly” inform the blacklisted persons who hold an OCI card/a valid visa about the Centre’s decision to deny them entry into the Country..Upon ASG’s request, the Court granted three months more to the Centre to evolve the comprehensive guidelines..The matter has now been listed for April 1, 2019..The Petitioner was represented by Advocates Sameer Rohatgi, Akshit Pradhan, Ashish Batra and Sarthak Sachdeva. .Centre was represented by ASG Acharya with Central Government Standing Counsel Jasmeet Singh and Advocate Aditya Madaan..Read the order dated August 21, 2018:.Read the order dated November 12, 2018:.Read the order dated November 19,2018: