The Delhi High Court has held that the fundamental right to equality and life should not be violated in the government’s decision to deny entry to foreign nationals.
In his judgement of July 20, Justice Rajiv Shakhdher observed that though the State can deny entry to a foreigner, the decision should pass the test of Articles 14 and 21 of the Constitution.
This should be enforced especially in the case where the “foreigner is a person of Indian origin”, and is given certain rights like the right to have a lifelong visa, unless cancelled in accordance with the law.
The judgment came on a petition filed by Mohammad Abdul Moyeed, a Canadian citizen of Indian origin with an Overseas Citizen of India card.
Mr. Moyeed had travelled to India in December 2015 to visit his 20-year-old differently-abled son who is ill. However, he was stopped by authorities at the Hyderabad airport and sent back. He learnt that he had been blacklisted at the behest of the Mewat Police Chief in Haryana, for his involvement in Tabligh activities. Justice Shakhdher said the “assertions” made were “nebulous and based on surmises, at least, at this stage”.
