The grant of an Indian visa to Canadian national Jaspal Atwal, who was convicted on charges of
attempt to murder, triggered a controversy during the visit of Prime Minister
Justin Trudeau. While the Ministry of External Affairs clarified that Atwal’s
name was removed from the blacklist in July last year, Canadian authorities
maintained that he is a reformed man, and that the government was engaging with
other individuals who had not been involved with separatist or extremist
activities in recent years. The blacklist
maintained by the Indian government is reviewed from time to time, and name
of individuals are added or deleted on the recommendations made by central
agencies or state police.
What exactly is the ‘blacklist’?
It is a list containing the names of Indian citizens and foreigners against whom a “look out circular”
(LOC) has been issued. This consolidated list is maintained by the
Foreigners Division of the Ministry of
Home Affairs (MHA). It is sent to all Indian diplomatic missions across the
world, as well as to immigration checkposts within the country. At present,
there are nearly 30,000 individuals,
including foreign nationals, in the blacklist database of the MHA. The list was
pruned from 38,000 in 2016.
Who are the authorities on whose request an LOC can be
issued?
The authorities include the Ministry of External Affairs, the Customs and Income-Tax departments, Directorate of Revenue Intelligence (DRI), Central Bureau of Investigation (CBI), regional passport officers, police
authorities in various states and the International Criminal Police
Organisation, commonly known as Interpol.
Unless specified, an LOC is valid for
one year. However, agencies concerned are allowed to make a request to
immigration authorities for the extension of an LOC before its expiry.
What legal remedies are available to blacklisted
individuals?
According to legal experts, their best bet is to cooperate with investigating agencies.
They can approach a court or the competent officer, who issued the LOC, for its
withdrawal.
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