American husband 'blacklisted' from entering India, wife approaches SC
PTC News Desk: A woman, who is an Overseas Citizen of India (OCI), approached the Supreme Court after her husband was denied entry into India. In response to the plea, the Supreme Court issued a notice to the Centre, seeking a response on the matter.
The bench, consisting of Justices JK Maheshwari and Sanjay Karol, issued a notice on the wife's petition challenging the Delhi High Court order. "Issue a notice, returnable in three weeks," the court stated.
The petitioner sought permission for her husband and two children to enter Indian Territory. The Delhi High Court ordered the Centre to provide the blacklisting order to the petitioners.
The Central Government claimed before the Delhi High Court that the petitioner's husband had been barred from entering the country by the Intelligence Bureau (HQs).
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The petitioner's counsel has stated that the department lacks the authority to issue any orders restraining his entry into the country, and thus the action taken in response to the said order is illegal.
It is further stated that the woman's husband holds an Overseas Citizen of India (OCI) card.
According to the petitioner, the High Court failed to recognise that the IB is not an adjudicating authority and cannot issue an order restraining or blacklisting the person other than to provide information.
The petitioner claimed that the High Court fails to recognise the fact that the authority's order violated the principle of natural justice, as IB was not given any opportunity for hearing or intimation prior to blacklisting. As a result, a woman and her family were forced to leave India and were unable to attend her family's function in Delhi.
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