Blacklist - Indian Laws - General

Term blacklist Black s Law Dictionary, 5th edn (1979) explains the term blacklist has been defined in the following terms: A list of persons marked out for special avoidance, antagonism, or enmity on the part of those who prepare the list or those among whom it is intended to circulate; as where a trades-union blacklists workmen who refuse to conform to its rules, or where a list of insolvent or untrustworthy persons is published by a commercial agency or mercantile association. Similarly, P Ramanatha Aiyar, The Law Lexicon: The Encyclopedic Law Dictionary (1997 edn) defines the term blacklist as follows: Black List is a list of persons or firms against whom its compiler would warn the public, or some section of the public; a list of persons unworthy of credit, or with whom it is not advisable to make contracts. Thus the official list of defaulters on the Stock Exchange is a black list. To put a man s name on such a black list without lawful cause is actionable; and the further publication of such a list will be restrained by injunction. STATE BANK OF INDIA ORS VERSUS RAJESH AGARWAL ORS- 2023 (3) TMI 1205 - SUPREME COURT In Erusian Equipment Chemicals Ltd v. State of West Bengal - 1974 (11) TMI 89 - SUPREME COURT , the issue before this Court was whether a person is entitled to a notice to be heard before being blacklisted by the government. This Court held that since blacklisting affects the privileges of the blacklisted person, fundamentals of fair play require that such a person be provided an opportunity of being heard: 20. Blacklisting has the effect of preventing a person from the privilege and advantage of entering into lawful relationship with the Government for purposes of gains. The fact that a disability is created by the order of blacklisting indicates that the relevant authority is to have an objective satisfaction. Fundamentals of fair play require that the person concerned should be given an opportunity to represent his case before he is put on the blacklist.