Delhi HC sets aside Centre’s order cancelling U.S.-based professor’s OCI card

On the govt.’s allegation of his being involved in “anti-India activities”, the court says the notice lacks specific details or evidence supporting these claims

The Delhi High Court has set aside the Centre’s order cancelling the Overseas Citizen of India (OCI) card of a professor residing in the U.S. on the allegation of being involved in “anti-India activities”, saying the notice lacks specific details or evidence supporting these claims.

The court passed the order on a plea by 80-year-old Khalid Jahangir Qazi, a U.S. national holding the status of an Overseas Citizen of India (OCI), seeking entry into India.

He challenged the legality of two restrictive measures imposed upon him — an order cancelling his OCI card under the Citizenship Act and a blacklisting order issued by the Ministry of Home Affairs under the Foreigners Act, restraining his entry into India.

Fresh notice

Striking a balance between individual rights and national security, the court said before allowing Mr. Qazi to enter the country, the authorities are directed to issue a fresh notice clearly specifying the grounds for any intended restrictions or cancellations and give him a reasonable opportunity to respond.

“This notice should provide the petitioner with sufficient details to understand the basis of the proposed action and to respond accordingly,” it said.

“The petitioner shall be given a reasonable opportunity to submit a reply within a specified time frame, after which the government must carefully consider this representation and issue a reasoned decision, under both the statutes, which shall be conveyed to the petitioner,” the court said in a verdict passed on November 12.

The basis for the actions was the petitioner’s alleged involvement in activities deemed to be prejudicial to the interests of India.

Mr. Qazi, working as a Clinical Professor of Medicine at the Jacob School of Medicine and Biomedical Sciences at University at Buffalo, had shifted from India to the U.S. in the 1970s and has been residing there with his family.

He wishes to travel to India to meet his other family members who are staying in Srinagar.

The Centre submitted that the decision to cancel the petitioner’s OCI card was made following a detailed assessment of his actions.

It said reports and intelligence inputs from security agencies of the Ministry of External Affairs suggested that he has engaged in activities inimical to India’s sovereignty and integrity.

These details, however, remain classified as “secret for the security of India” and, for reasons of national security, cannot be disclosed to the petitioner, the Centre’s counsel said.

After perusing the authorities’ notice, the court said it vaguely asserts that the petitioner’s actions are “anti-India” and adverse to “the sovereignty and integrity of India”, without any specific details or evidence supporting these claims.

Published - November 13, 2024 08:10 pm IST