Tablighi Jamaat: Foreigner petitioners can leave the country despite pending trials, SG Tushar Mehta tells Supreme Court

Solicitor General Tushar Mehta today told the Supreme Court that foreigners who are facing trial for attending the Tablighi Jamaat may leave the country during the pendency of the cases against them..The three-judge Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna had earlier passed orders allowing almost 3,460 foreign nationals to make representations before authorities to challenge their visa cancellation orders. Today, the Bench was told that the trials pending before various courts in Delhi can be consolidated in one court..When SG Mehta told the Court that the foreigners who have chosen to face trial instead of pleading guilty may leave the country pending trial, the Court asked how the same will be facilitated. It said,"...our earlier suggestion was if trials continue, then how can they leave. If more charges are added, then you can say only apology is not enough.".Mehta said that he can assure the Court that the trials will be disposed of expeditiously within a period of one month. Senior Counsel Salman Khurshid said that they only want for all the foreigners to be able to return to their countries. Mehta said that he would require a list of the members who were yet to return to their home countries, and at what stage the trial against them has reached..The Apex Court said that it can record the assurance and statement given by the Solicitor General that on filing of appropriate affidavits, these members can leave the country during the pendency of trials. The matter will be heard next after eight weeks..Earlier, SG Mehta had informed the Court that out of 34 petitioners, trial is over for 23 and they are permitted to leave the country as when they get flights back home. These 23 pleaded guilty and agreed to pay some fine. However, as regards the remaining who chose to face trial, the Court was informed that there are nine cases pending in different courts across Delhi..All blacklisted foreign nationals who were part of Tablighi Jamaat Markaz can make representations to authorities: Supreme Court.Senior Counsel Chander Uday Singh, representing one of the petitioners, explained that the nine persons who chose to face trial did so considering conviction for an offence has severe consequences in their home countries. .The Court sought to know how the trial can be expedited in the case concerning the remaining nine persons, considering the cases lodged against them are also scattered across various courts in Delhi. Singh submitted that it was told to the nine persons that an affidavit of apology would have sufficed for them, after which closure report in cases against them would be finalised..Earlier on July 2, Mehta had informed the Supreme Court that the Centre had passed individual orders to cancel the visas of over 3,460 foreign nationals who had taken part in the Nizamuddin Tablighi Jamaat Markaz..The three-judge Bench was hearing a plea filed by 34 foreign nationals challenging the decision of the Ministry of Home Affairs (MHA) to blacklist over 3,000 of them from travelling to India for a period of 10 years.On June 29, the Court had observed that there was only a press release stating how these foreigners were blacklisted and that the Centre "owed an explanation" on whether there are official orders from a competent authority cancelling their visas..SG Mehta had submitted that the blacklisting of an individual was a "sovereign plenary function" and that most of these individuals face criminal charges.He also submitted that "right of return" was not an enforceable right.."Centre owes us an explanation as to why these foreign nationals are in India" SC in plea against blacklisting of Tablighi Jamaat attendees.All foreign nationals are facing trial for the alleged commission of offences under u/s 14(b) Foreigners Act, 1946 r/w section 3 of the Epidemic Diseases Act, 1897, r/w section 51 of the Disaster Management Act, 2005, r/w section 188/269/270/271 IPC..In its affidavit, the Centre has argued that "participating in Tablighi Jamaat activities" was a serious violation provisions of the Visa Manual, 2019 and is also a criminal offence punishable under Sections 13 and 14 of the Foreigners Act, 1946.Thereby, the Bureau of Immigration under the MHA was directed to blacklist these individuals under Category A..34 individuals from 34 different countries then approached the Supreme Court challenging the MHA order blacklisting over 2,500 foreign nationals for their alleged involvement in Tablighi Jamaat activities..Supreme Court to hear plea by 34 foreign nationals challenging MHA order blacklisting them due to Tablighi Jamaat COVID-19 scare.On July 9, Chief Metropolitan Magistrate Gurmohina Kaur granted bail to foreign nationals from 21 countries.The accused persons belong to Algeria, Afghanistan, Brazil, China, USA, Ukraine, Australia, Egypt, Russia, Belgium, Jordan, France, Kazakhstan, Morocco, Tunisia, UK, Fiji, Sudan, Philippines, Australia, Ethiopia..Delhi Court grants bail to foreign nationals from 21 countries in Tablighi Jamaat case.Read Order: