[Reader-list] India's supreme court upholds restrictions on foreign seminar participation

[Patrice Riemens]

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Date: Mon, 16 Jul 2001 07:48:55 +0530 (IST)
From: Frederick Noronha <fred at bytesforall.org>
Subject: [goa-research-net] NEWS: SC Upholds Restrictions on Seminar Participation



From: "Babu Gogineni" <babu at iheu.org>

Tehelka Website (13 July 2001) 

SC upholds 'hawkish' restrictions on seminar participation

The apex court upheld a home ministry circular, which requires foreign
delegates to seminars to obtain clearance from the home ministry, and 
in some cases, the MEA, reports V Chitra

New Delhi, July 12

The Supreme Court today rejected a petition challenging the order of 
the Union home ministry that foreigners wishing to attend seminars in 
India should get clearance from the ministry first, and in several cases,
clearance from the ministry of external affairs (MEA) as well.

A three-judge bench, comprising Chief Justice A S Anand and Justices R 
C Lahoti and Brijesh Kumar, dismissed the petition filed by the Peoples 
Union for Civil Liberties (PUCL) on the ground that the matter related to 
the security of the country. The PUCL had challenged the home ministry's
September 1, 2000 circular as violative of the fundamental right to 
freedom of speech and expression and other provisions of the Constitution.

The home ministry's order was at the Centre of a raging controversy, 
with Advani coming under criticism for being "hawkish". The circular
states that nationals of Europe and the US, coming to India to attend
seminars on "political, religion and human rights", should get clearance
from the home ministry. Another criterion that attracts the need for
clearance being that the seminar is proposed to be held in areas covered
under protected/restricted/inner line regime. For six other countries
listed - Pakistan, Bangladesh, Afghanistan, Burma, China and Sri Lanka -
the participants should also get clearance from the MEA, in addition to 
home ministry clearance.

The home ministry's order was at the Centre of a raging controversy, with
Advani coming under criticism for being "hawkish"

Challenging this circular, senior counsel Rajinder Sachar, former 
chief justice of the Delhi High Court contended that the fundamental
right to expression includes freedom of expression and also the right to 
receive information.

Sachar argued that an office circular could not curtail a fundamental 
right. Such curtailment could only be through an enactment of Parliament. 
Such an enactment, even if it becomes the law of the land, is liable to be 
struck down by the Supreme Court.

However, the apex court said that it did not see fault in the home 
ministry order, as it related to the security of the country, and that in
international seminars, illegal money flows in a big way.


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