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SANJEEV NARULA
Khalid Jahangir Qazi Through His Power Of Attorney Holder Ms Farida Siddiqi – Appellant
Versus
Union Of India Through Secretary – Respondent
JUDGMENT :
SANJEEV NARULA, J.:
1. Mr. Khalid Jahangir Qazi, a national of United States of America holding the status of an Overseas Citizen of India,[“OCI”] has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking entry to India. He challenges the legality of two restrictive measures imposed upon him – order dated 12th May, 2023 issued by the Consulate General of India, New York,[“the Consulate General”] cancelling his OCI card under the Citizenship Act, 1955, [“the Citizenship Act”] and the Citizenship Rules, 2009; and a subsequent blacklisting order issued by the Ministry of Home Affairs, under the Foreigners Act, 1946,[ “the Foreigners Act”] restraining his entry into India. The underlying basis of these actions, as asserted by the Respondents, is the Petitioner’s alleged involvement in activities deemed to be prejudicial to the interests of India. The Petitioner, however, contends that the orders not only infringe upon his rights guaranteed to him through his OCI status but also contravene the principles of natural justice and due process. This Court is thus, called upon to examine the legality of these orders within the framework
The court emphasized that Overseas Citizens of India must be afforded procedural safeguards, including a clear opportunity to respond to allegations before cancellation of their status or blacklistin....
Point of law : Home Secretary had ample power under the Aliens Order 1953 to refuse admission to aliens or to refuse to extend their stay and further he had exercised that power fairly and validly in....
The authority to cancel an OCI application rests solely with the Central Government, not the FRRO, which acted beyond its jurisdiction.
Overseas Citizens of India (OCI) cardholders are considered foreign nationals and do not have the right to claim educational reservation benefits under Article 371J of the Constitution meant for Indi....
Right of NRIs to appear in Medical Admission Tests – Challenge to Clause 4(ii), its proviso and Explanation (1) as contained in impugned notification dated 04.03.2021 bearing F No.2611/CC/05/2018-OCI....
The main legal point established in the judgment is the validity of an Apostille Certificate under the Hague Convention, 1961 and the absence of a requirement for a Nativity Certificate in the Citize....
The court ruled that the notification restricting OCI cardholders' admission rights violated Articles 14 and 21, emphasizing the principle of non-retrogression in rights conferred.
The main legal point established in the judgment is that an OCI card holder, who is a French National and an Opthon, is entitled to the benefits under the Maintenance and Welfare of Parents and Senio....
When right conferred is withdrawn and altered, it should demonstrate application of mind and nexus to object of such withdrawal.
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