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The Supreme Court today directed the Central Government to find out whether any orders for cancellation of visa of individual Markaz visitors have been issued by state authorities.

The bench comprising Justice AM Khanwilkar, Justice Dinesh maheshwari and Justice Sanjeev Khanna was hearing petition challenging  the Ministry of Home Affairs order blacklisting the foreign nationals belongs to 35 countries, presently in India and thereafter arbitrarily directing the Director Generals of Police and Police Commissioners of all States/UTs, to register FIRs against such foreigners, as reflected in the Press Release dated April 2, 2020 published by the Press Information Bureau.

In today’s hearing the bench inquired whether individual orders were passed blacklisting the foreigners.

Senior Advocate  CU Singh appearing for one of the petitioners submitted that as far as blacklisting or visa cancellation was concerned  no order was served on any individual person. He further submitted that blacklisting order was a general note for 900 persons.

The bench thereafter said that according to the  MHA notification, the decision has to be taken on case to case basis by the state authorities.

Senior Counsel CU Singh further submitted that there should not be visa violation. The countries are asking for the return of the foreign nationals.

Bench then questioned Singh- “if visas are cancelled then you explain to us for why they are still here in India. If visas are not cancelled it’s a different situation.

The bench has directed the SG Tushar Mehta to file his reply and directed to listed the matter for next hearing on July 2.

India Legal Bureau

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