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Submitted To:-
Submitted By-
[Arising out of the impugned final judgment and order dated 08.12.2019 passed by
the Hon'ble High Court of Delhi at New- Delhi in R.F.A. (O.S.) No. 9567/ 2018]
Versus
WITH
I.A. NO. 56 OF 2019
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPY IN THE
ANNEXURES
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION (CIVIL) NO. 28 OF 2020
Versus
INDEX
THROUGH
Avijeet Makvana
(ADVOCATE ON RECORD)
PLACE: New-Delhi
DATED: 06.03.2020
COURT FEES
GOVERNMENT OF NCT OF DELHI
e-court Fee
DLCT0458B1632L841
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BRANCH OFFICER
PLACE: New-Delhi
DATED
PROFORMA FOR FIRST LISTING
SECTION-XII
The case pertains to (Please tick/ check the correct box):-
□ Central Act: (Title) N/A
□ Section: N/A
□ Central Rule: (Title) N/A
□ Rule No(s): N/A
State Act: (Title) N/A
□ Section N/A
State Rule: Title: N/A
□ Rule No(s): N/A
□ Impugned Interim Order: (Date) N/A
Impugned Final order/ Decree: 08.12.2019
Date
□ High Court: (Name) High Court of Delhi at
New-Delhi
□ Names of Judges: The Hon’ble Justice Rawal
Kumar
□ Tribunal/ Authority: (Name)
1. Nature of matter: Civil
7. Criminal Matters: No
I Police Station:
Date: 06.03.2020
SYNOPSIS
That the Petitioner’s brother above named prefers the present Special Leave
Petition before this Hon’ble Court under Article 136 of the Constitution of India
against the impugned final judgment and order dated 08.12.2019 passed by the
Hon'ble High Court of Delhi, Single Bench in R.F.A. (O.S.) No. 9567/ 2018,
whereby the single bench of the Hon’ble High Court has dismissed the petition by
the Appellant/Petitioner’s brother and has done grave injustice to the Petitioner by
going against the settled principles of law.
That the Petitioner’s brother, Mr. Bhullar Singh, was born and brought up in India,
but later in his life settled in Canada, in the hopes of a promising life and income
settling his family here in India.
That on the date of 8th May, 2017 Bhullar Singh was denied his Visitor’s visa, on
the onset of his mother being on her death bed and wanting to her oldest son one
last time before her death. He was mercilessly denied his visa, without any
consideration to his circumstances.
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MEMO OF PARTIES
Kartar Singh,
S/o Lt. Munshi Singh,
R/o 7/65, Vasant Kunj,
New Delhi …Petitioner/Respondent/Petitioner
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FILED THROUGH
IN THE SUPREME COURT OF INDIA
[S.C.R. ORDER XXI RULE 3 (1) (A)]
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CIVIL) NO. 28 OF 2020
[Arising out of the final judgment and order dated 08.12.2019 passed by the
Hon’ble High Court of Delhi at New-Delhi, in R.F.A. (O.S.) No. 9567/2018]
Kartar Singh,
S/o Lt. Munshi Singh, Appellant Petitioner
R/o 7/65, Vasant Kunj,
New Delhi
AND
TO
THE HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION
JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA.
1. That the Petitioner abovenamed files the present Special Leave Petition before
this Hon’ble Court under Article 136 of the Constitution of India against the
impugned final judgment dated 08.12.2019 passed by the Hon’ble High Court
of Delhi, Single Bench in R.F.A. (O.S.) No. 9567/ 2018, whereby the Hon’ble
High Court had dismissed the Writ filed by the abovementioned Appellant.
2. QUESTIONS OF LAW:-
1. Whether the Ministry of Home Affairs has the power to take such actions, as
to banning an entire community from entering in India?
3. Whether the Respondent can address the petitioner’s brother, Mr. Bhullar
Singh, a “foreigner”?
The Petitioner states that no other petition seeking leave to appeal has been
filed by it against impugned judgment dated 08.12.2019 passed by the Hon’ble
High Court of Delhi at New-Delhi, Single Bench in R.F.A. (O.S.) No. 9567/
2018.
The Annexure P-1 filed along with the Special Leave Petition is true copy of
the documents which formed part of the records of the case in the court below
against whose orders the Leave to Appeal is sought for in this petition.
5. GROUNDS
C. BECAUSE the Hon’ble High Court has failed to acknowledge the basic right
to life which falls as the most vital part of our fundamental rights, the denial
of entry to one, into his own motherland is a grave infringement to ones Right
to life under Article 21 of the Constitution of India.
D. BECAUSE the Hon’ble High Court has overlooked the fact that Bhullar
Singh did not necessarily need to be physically present to become blacklisted
from entering his own country, there are other 200 approximate names on the
list, who have just been blacklisted for being Sikh, and with no other validity
of their names being present there was explained. That the Ministry had
refused to disclose any such solid reasoning for why Bhullar Singh has been
blacklisted from his own motherland.
E. BECAUSE the Hon’ble High Court has completely turned a blind eye into the
inconsideration and inhumanity shown to Bhullar Singh, whilst he was denied
to see his dying mother one last time before her demise, and that is the gravest
sin on behalf of anybody. The fact that one shall not be barred from visiting
his family under such circumstances, let alone barred from coming back to the
country of one’s birth, shall be looked very discretely by the Hon’ble Court.
F. BECAUSE the Hon’ble High court failed to acknowledge that Bhullar Singh
is not a “foreigner”, he is an NRI, fundamental rights are applicable to him,
and it be wrongful to call him a foreigner, he was born and brought up in
India, and only settled abroad to provide a better living for his family in India.
6. MAIN PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to:
a) Grant Special Leave to Appeal against the impugned final order and judgment
dated 08.12.2019 passed by the Hon’ble High Court of Delhi, in R.F.A. (O.S.)
No. 9567/ 2018; and
b) Pass such further orders as this Hon’ble Court may deem fit and proper in the
facts and circumstances of the present case.
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AFFIDAVIT
I, Kartar Singh (aged about 55 years) S/o Lt. Munshi Singh, R/o, 7/ 65, Defence
Colony, New Delhi do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the above case and therefore, well conversant of
the case and hence, am competent to swear this affidavit.
2. That I have read and understood the accompanying Special Leave Petition,
against the impugned order dated 08.12.2019, which has been drafted by the
counsel on my instructions and say that the facts stated therein are true and
correct to my knowledge and belief and the same are not being reproduced
herein for the sake of brevity.
3. That the annexures filed along with the petition are true copies of their
respective originals.
DEPONENT
VERIFICATION
DEPONENT
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. 28 of 2020
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CERTIFICATE
Certified that the Special Leave Petition is confined only to the pleadings before
the Court whose order is challenged and the other documents relied upon in those
proceedings. No additional facts, documents, or grounds have been taken therein or
relied upon in the Special Leave Petition. It is further certified that the copies of
the documents/annexures attached to the Special Leave Petition and to make out
grounds urged in the Special Leave Petition for consideration of this Hon’ble
Court. This certificate is given on the basis of the instructions given by the
Petitioner/person authorized by the Petitioner whose affidavit in filed in support of
the Special Leave Petition.
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JUDGMENT
1. The present petition arises out of the decision of Embassy of India, by
which the Petitioner’s brother Bhullar Singh has been denied visitor’s visa.
The Petitioner has filed this petition on behalf of his brother through their
constituted attorney challenging the decision of Embassy of India which is
administered by the Indian Home Ministry, by which the Petitioner’s
brother has been denied the visitor’s visa, which he has applied for visiting
his ailing mother in India. The learned Counsel for the Union of India has
objected that the Writ Petition is not maintainable. With the consent of the
parties the Writ Petition is taken for final hearing today.
2. The Petitioner’s brother Bhullar Singh was born in Delhi and presently
holds the citizenship of Canada. Bhullar Singh applied for Indian Visa on
31.3.2017 however his visa was denied. Bhullar Singh has vehemently
submitted that the Indian Ministry of Home Affairs has unscrouplessly
banned NRI SIKHS on account of supporting the anti national activities for
which there is no reasonable grounds to be justified.
3. Learned Counsel for the Petitioner further submitted that undoubtedly the
rejection order is passed at Canada, but since the order of rejection of the
visa is issued by the Indian Ministry of Home Affairs the Petitioner’s
brother cannot file any proceeding at Canada challenging the decision
against Indian Embassy in that country, the petition is filed in the Indian
Court.
4. It is the submission of the Petitioner that the Ministry had arbitrarily used
the power and has unduly banned the Petitioner’s brother from entering the
Country of his origin without any valid reasons.
5. The Learned Counsel on behalf of the Petitioner vehemently submits that
such arbitrary use of power has resulted in denial of visa to the Petitioner’s
brother thereby resulting in a violation of Article 21 of the Indian
Constitution. In Arguendo, it has been Petitioner submission that Right to
Life and Personal Liberty is a legal entitlement granted to every person and
any policy in violation of this would result in grave violation of the
Constitution and thus should be declared as ultra vires the Constitution.
6. It is the Petitioner’s submission that his brother was denied entry on such a
crucial stage wherein their mother was in her death bed and wanted to see
her oldest son one last time, he was mercilessly denied entry to his own
motherland.
7. The counsel on behalf of the Union of India has objected to the institution of
this Petition by contending that the Petitioner’s brother is a fellow supporter
of anti-national activities. The Learned Counsel further contends that there
has been no arbitrary use of power since the Country of India is a sovereign
nation and has absolute authority to enforce any regulations as required by
the Indian Ministry to ensure national security and promote peace and
tranquillity in the country at all times.
8. The Learned counsel on behalf of the Respondents further submit that the
Petitioner’s brother is not a citizen of India and can only be termed as a
foreigner which does not entitle him to institute any proceeding. It is further
submission of the Respondents that has although no criminal record
however this does not impair the Indian Government to make any
anticipatory steps for ensuring complete peace and harmony in the Country.
Further creation of the blacklist and prohibiting entry of suspicious persons
is a matter of policy decision which restricts the power vested by this Court
to interpret or pass any order over this subject matter.
9. We have heard the learned Counsel at length. We have also gone through
the petition and annexure with the same which is also placed for hearing
with the petition.
10.We agree that the Petitioner’s brother is not a citizen of India but a Person
who was born in India and now is settled in Canada. The question with
respect to holding dual passports is not determined which entitles the
Petitioner’s brother as a matter of right to file for any Judicial Proceeding in
the Indian Territory.
11.It is pertinent to note that the Petitioner’s brother had applied for visitor’s
visa by applying to the Indian Embassy at Toronto, Canada. His application
was rejected by the Indian Embassy on 8th May, 2017. It is no doubt true
that a decision for rejecting his Visa is taken by the Indian Embassy on the
basis of the policy framed by the External Ministry which is located in
Delhi, this Court can be said to have territorial jurisdiction to decide the
issue in question. However, the real question which requires consideration is
whether the respondent as Indian Ministry has power to Blacklist or deny
permission on entering the territory, whether there has been any abuse of
power and position in implementing the same and whether the issue in
question can be said to be justiciable issue or not.
12.We are in agreement with the Respondents Claim that though the
Petitioner’s brother does not have any Criminal record and has not been
shown to be a prior convict in any of the Country still the Indian
Government is entitled to protect and promote peace and harmony by
ensuring there is no question over the national security of the country.
13.In the light of the arguments raised and facts interpreted we deny the
petition.
14.Hence, the petition is denied in part. Rule discharged. No order as to costs.
//True Copy
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. No. 56 of 2019
SPECIAL LEAVE PETITION (CIVIL) No. 28 of 2020
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To,
The Hon’ble Chief Justice of India and his
Companion Judges of Supreme Court of India.
PRAYER:
It is, therefore, most respectfully prayed that:
a) The Petitioner/ Applicant be exempted from filing the certified copy of the
impugned order dated 08.12.2019; and
b) Pass such other further order(s) as this Hon’ble Court deems, fit and proper,
under the facts and circumstances of the case and in the interest of justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY
AS DUTY-BOUND
Avijeet Makvana
FILED ON: 06.03.2020 ADVOCATE FOR THE
PETITIONER
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. 28 of 2020
Versus
AFFIDAVIT
I, Kartar Singh (aged about 55 years) S/o Lt. Munshi Singh, R/o, 7/ 65, Vasant
Kunj, New Delhi 110019 do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the above case and therefore, well conversant of
the case and hence, am competent to swear this affidavit.
2. That I have read and understood the accompanying Application for
exemption, which has been drafted by the counsel of the Petitioner on my
instructions and that the facts stated therein are true and correct to my
knowledge and belief and the same are not being reproduced herein for the
sake of brevity.
DEPONENT
VERIFICATION
Verified at New-Delhi on this _________day of ________ January, 2020 that the
contents of my aforesaid Affidavit are true and correct to my knowledge and belief
and nothing material has been concealed there from.
DEPONENT
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. 28 of 2020
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VAKALATNAMA
I, Kartar Singh, R/o 7/65, Vasant Kunj, New Delhi 110019, do hereby appoint and
retain;
Avijeet Makvana
ADVOCATE SUPREME COURT
Petitioner(s)/Appellant (s)/Respondent(s)
MEMO OF APPEARANCE
To,
The Registrar,
Supreme Court of India,
New Delhi.
Sir,
Please enter my appearance on behalf of the Petitioner’s brother(s)/
Appellant(s)/Respondent(s) in the above matter.
Dated:
(___________________)
Advocate, Supreme Court of India