IMPORTANT POINT
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 blacklisting.

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 of the Citizenship Act and the Foreigners Act, as well as the extent of protections afforded to OCI cardholders in circumstances involving allegations of anti-national activities.

2. In the instant connected matters, W.P.(C) 7755/2023 impugns the order cancelling Petitioner’s OCI card. Subsequently, when the Petitioner learned that he had been blacklisted, he preferred W.P.(C) 8873/2024 impugning the blacklisting order. Given the intertwined facts and overlapping grounds presented in both petitions, it is deemed appropriate to address them collectively in a common order.

CONTROVERSY IN BRIEF

3. Petitioner, a senior citizen aged around 80 years, is presently residing in New York, United States of America and working as a Clinical Professor of Medicine at the Jacob School of Medicine and Biomedical Sciences, University at Buffalo. After completion of his studies from Government Medical College, Srinagar, Kashmir, the Petitioner migrated to the United States in the 1970s where he has since resided with his wife, children and grandchildren.

4. The Petitioner was registered as an OCI in 2018 and he regularly visited Srinagar, Kashmir to meet his family comprising of two elder sisters aged around 81 and 80 years and a younger sister aged around 74 years, who are all Indian citizens. Unfortunately, his younger brother passed away in January, 2023. The Petitioner claims that his sisters suffer from various medical conditions, including hypertension and respiratory issues, and rely on him for medical advice and care. To support his family, the Petitioner travelled regularly to India from 2017 to 2019, and again between 2021 and 2022.

5. Following a hiatus in 2022 due to health issues, the Petitioner recovered and planned a visit to India to reconnect with his family in Srinagar and address family matters that remained unresolved after the passing of his younger brother in January, 2023.

6. On 14th June, 2022, a show cause notice was issued to the Petitioner alleging his involvement in “anti-India activities” and calling upon him to furnish an explanation within 15 days as to why his OCI card ought not be cancelled. The Petitioner received the notice on 22nd June, 2022 and submitted a response on 2nd July, 2022, refuting all allegations and asserting that his views were solely in the best interests of the nation. He also called upon the Consulate General to disclose any material substantiating the allegations levelled against him and sought an opportunity for a personal hearing to present his case.

7. Upon due consideration of the Petitioner’s response, the Consulate General, by order dated 12th May, 2023, issued the impugned order thereby cancelling the Petitioner’s OCI card in accordance with Section 7D(e) of the Citizenship Act. The Petitioner was required to surr