[Coronavirus] Violation of Visa Rules, Foreigners Act to be dealt with a firm hand: Gujarat HC on foreigners who attended Tablighi Jamaat

The Gujarat High Court yesterday urged the Central government to strictly deal with those violating laws related to visas, in the background of the Tablighi Jamaat controversy that has escalated the Coronavirus crisis in India..The Bench of Chief Justice Vikram Nath and Justice Ashutosh J Shastri made the observation after the Centre submitted that the 960 foreigners who attended the Tablighi Jamaat held in Delhi entered India on Tourist Visas, in violation of the Visa Manual 2019 and the Foreigners Act. Criticising the Union for "waking up late" in cracking down on such violations, the Bench observed,."...with regard to the violation of the Visa Manual, 2019 and The Foreigners Act, 1946, Union of India woke up although late but then now it is in full gear and concerted effort is being made to identify such violators, find their location and track them down. We may only add that the Central Government may strictly ensure the compliance of the provisions of the Visa Manual, 2019 and The Foreigners Act, 1946 relating to entry of foreign nationals based on their respective visas and anyone found violating the same should be dealt with a firm hand.".While listing the matters to be heard again on April 17, the Court added,.“We hope and trust that both the Central Government as also the State Government would continue with their endeavor in the same letter and spirit to deal in the present critical condition created by the Pandemic COVID-19 (Corona Virus) and the Tablighi Jamaat because of which, the entire nation is in a state of lock down for 21 days beginning 25th March, 2020 till 14th April, 2020.”Gujarat High Court.The matter was taken up in continuation of the order dated April 1, when the Court had sought a report on the individuals from Gujarat who attended the Tablighi Jammat held at Nizamuddin, New Delhi..[Coronavirus] Gujarat HC seeks report on individuals who attended Tablighi Jamaat meet in Nizamuddin, New Delhi.In response, Assistant Solicitor General Devang Vyas placed before the Court an Office Memorandum dated April 2, issued by the Government of India, Ministry of Home Affairs (Foreigners Division)..The memorandum recorded that 960 foreigners of different nationalities were found to be involved in the Tablighi Jamaat. It was further mentioned that such participation by way of a Tourist Visa was in violation of the provisions of the Visa Manual 2019 as also amenable to action under Sections 13 and 14 of The Foreigners Act, 1946.In view of the violation, Vyas informed the Court that a decision had been taken to cancel the visas of those 960 nationals immediately. They would also be blacklisted, and action would be taken towards deporting them, Vyas informed the Court..Vyas also submitted that a detailed status report on the identification of all the Indian and foreign nationals who were a part of the meet was in progress..Advocate General for Gujarat Kamal Trivedi also submitted a report dealing with identification, care and protection of the participants of the Tablighi Jamaat who have traveled to Gujarat. The report also mentioned the doubt of gatherings still taking place at religious places..The High Court also took note of three new PILs which were placed before it. The Court had earlier passed detailed directions in other petitions filed in the wake of the Coronavirus lockdown. The Court had also asked the state to respond to various issues surrounding the pandemic..Free treatment, checking at railway stations, avoiding places of worship: How the Gujarat HC is monitoring Coronavirus control measures .Pursuant to this, an exhaustive report containing the steps taken by different departments of the state government was placed before the Court.These measures include providing food and rations either free of cost or at subsidised rates, providing shelter for the urban homeless, securing jobs for daily wage workers, and ensuring healthcare facilities in the midst of the COVID-19 pandemic..While praising the government employees of various departments falling under essential services, the Court made it clear that it would not be dealing with frivolous petitions filed during the Coronavirus lockdown.."It is also worth mentioning that in a state of lock-down and social distancing, the Government employees of various departments falling under essential services like police, medical and health, food and civil supplies, labour and employment, finance, etc., are working day and night to deal with crisis risking their life, any public interest litigation which is found to be motivated or sponsored or for personal gains for popularity or any vested interest, or frivolous would be dealt with at the appropriate stage firmly.".The State authorities were represented by Advocate General Kamal Trivedi along with Government Pleader Manisha Lavkumar Shah and Public Prosecutor Mitesh Amin. The Union of India was represented by Assistant Solicitor General Devang Vyas. Senior Advocate Anshin Desai, assisted by Advocate KR Koshti and Advocates Pratik Kumar Rupala, Kartikey Kanojiya, NK Majmudar, HB Yusufzai, Sikander Saiyed, TK Patel, Dhruvik Patel, Brijesh Trivedi, Nabil Khan, Hardik Brahmbhatt and SS Acharya, were present for the petitioners..Read the order here.