Sikhs and NRIs, who have been denied visas on dubious grounds, usually without any reason forthcoming from the foreign mission and no way for them to fight or appeal the decision, have long been critical of foreign mission for denying them visa to visit their homeland and have blamed “Agents” for putting them on a non-existent blacklist or using Indian consulate officials to harass and deny them visas. The “Agents” have also used the harassment to make money by getting certain individuals visas for cash, critics allege!
By R. Paul Dhillonj
SURREY – In a case filed by Delhi Sikh Gurdwara Prabhandak Committee president Parmjit Singh Sarna on behalf of victimized foreign Sikhs who are being denied visa for dubious reasons by Indian consulates abroad and including to those Sikhs who are still being denied visa even though their names have been removed from the blacklist – the Delhi High Court has ruled that Sikhs taken off the black list and for that matter any NRI should not be denied visa to visit their mother country over dubious reasons.
In a decision rendered on August 8, Judge Rajiv Sahai also ordered that a directive from the Solicitor General of India be circulated within four weeks to all Indian missions abroad to take all the deleted names of previously blacklisted individuals and that visa should be provided to them immediately.
“Learned ASG submits that insofar as the persons whose names have been removed from the blacklist, if intimation has already not been sent to the concerned Embassies, will be sent within four weeks,” said the Judge Sahai’s order.
The petition was filed by lawyers KTS Tulsi, Sr. Advocate and Raj Kamal to seek relief for those Sikhs taken off the blacklist and other NRIs who are being arbitrarily being denied visas due to some foreign-based NRI “Agents” lining their pockets by seeking bribes from NRIs to get them visas from their connections a the consulates.
Sikhs and NRIs, who have been denied visas on dubious grounds, usually without any reason forthcoming from the foreign mission and no way for them to fight or appeal the decision, have long been critical of foreign mission for denying them visa to visit their homeland and have blamed “Agents” for putting them on a non-existent blacklist or using Indian consulate officials to harass and deny them visas.
The “Agents” have also used the harassment to make money by getting certain individuals visas for cash, critics allege!
Canadian citizen and senior Punjabi journalist Harkirat Singh Kular, who was one of the victims of the harassment by being denied entry to India despite having a valid visa, had urged Sarna to file the motion in court in Delhi on behalf of the many such victims.
Kular told the LINK that he is very happy that the court has given a clear directive and asked the Home Ministry to send it to its foreign offices so that it can be applied and all those who have been denied visa on dubious grounds can get the visa to visit their birth land and the land of their ancestors.
“I am thankful to Mr. Sarna and the Delhi High Court for rendering this decision and delivering much needed justice to Sikhs around the world,” Kular told the LINK.
“I am hoping that Judge Sahai’s ruling will not only impact Sikhs but all NRIs who are harassed by Agents looking to make money by getting them harassed through local consulate officials. The ruling has put the Agents and Consular officials on notice that they can’t unnecessary harass NRIs who want to visit India,” Kular said.
At the time when Kular was sent back from Delhi airport, he had a Multiple Visa for India and has visited India in the past twice on the same Visa. When he travelled by Air China flight 0181 and reached New Delhi on January 6th, 2008, along with his wife, he was not allowed entry to India while his wife was allowed entry.
The immigration officers refused to divulge any reason for denying entry and also refused to allow him to contact Canadian Embassy in New Delhi.
Kular was also not allowed to contact any legal help also. Kular was sent back to Vancouver Canada by the same flight. Incidentally Kular was going to attend the marriage ceremony of his niece, which was to take place on January 16Th.His brother passed away in 2002.
At the time, the International Human Rights Organisation (IHRO) strongly condemned the action of Government of India. Its chairperson D S Gill expressed their solidarity with BC Punjabi Press Club and said they would take up this issue to the logical conclusion, as it was a very serious matter for all those who are residing worldwide.
In his decision, Judge Sahai further added that those currently on the black list will be dealt with India’s laws pertaining to the blacklist.
“As far as the other persons who continue in the blacklist are concerned, list for hearing on the aspect as to whether, for refusal of visa to persons of Indian origin, the principles of natural justice are to be complied with,” judge’s order said.
Almost a year ago – the Indian government on the eve of the anniversary of Operation Blue Star, announced it had removed 142 names out of the list of 169 Sikhs from its blacklist.
The 169 in the blacklist were mainly those who had been accused of terrorist activities during the peak of militancy in Punjab (between 1978 to 1995).
