The submission was made in an affidavit filed by advocate Mehmood Pracha, who was part of the six-member delegation, in response to the government's claim that it had not allowed them to travel to Iraq as allowing them to take part in the conflict would have amounted to terrorist activity.
The government had also claimed that allowing them to go would have "repercussions on other sects in India", which could directly result in sectarian conflict here.
Justice Manmohan, before whom the matter was listed, said the affidavit was not on record and listed the matter for further hearing on March 29.
Pracha in his rejoinder affidavit has also raised questions on the efficiency and competence of the Intelligence Bureau (IB), alleging that look-out circulars (LOCs) were issued against him and other members of the delegation, based on inputs of the agency.
He also said that even the government's affidavit, defending its decision refusing to allow them to travel to Iraq, was "silent" on the legal status of IB and contended that there was urgent need to introduce a fool-proof statute- based mechanism to ensure efficiency and accountability of the agency.
The Ministry of Home Affairs (MHA) had earlier told the
court that Indian citizens cannot be permitted to go to a foreign country with a declared objective of taking part in any conflict there, as safety and security of such persons would be at stake and it would adversely impact friendly relations with those nations.
The contention had come in response to Pracha's plea questioning the government's decision to issue an LOC against him to prevent him from travelling to Iraq to do relief work and oppose ISIS activities there.
The MHA had also said the activities of religious organisation AeH, of which Pracha is a member, in "attempting to mobilise members of a particular sect of the community in India to participate in a conflict in a foreign country are in absolute contravention of the law and stated policy of the country".
He also said that the government was kept in the loop throughout and alleged that MHA's action of off-loading the delegation was not in accordance with law.
Seeking disbanding of the IB which had issued the LOC against him, Pracha in his plea has alleged that the agency has become an "uncontrollable all-powerful, extra- constitutional establishment in itself which runs parallel to the democratically-elected government".
All of them were detained for several hours at the airport police station, the petition has alleged.
It said that passports of the five others travelling with Pracha were suspended with effect from November 24 last year, by a letter of December 2, 2014 and questioned how such retrospective action can be taken.
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