$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 28.03.2025 + W.P.(C) 17113/2024 & CM APPL.72516/2024 JOHN ROBERT ROUGHTON III ..... Petitioner Through: Dr. Amit George, Mr. Dhiraj Abraham Philip, Mr. Febin Mathew Varghese, Ms. Ibansara Syiemlieh, Ms. Achalika Ahuja and Mr. Naveen Richard, Advocates.

versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Nidhi Raman, CGSC along with Mr. Zubin Singh and Mr. Arnav Mittal, Advocates for R-1 and R-2/UOI.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

Factual Background and Submissions of Respective Counsel

1. The petitioner has filed the present petition, inter alia, praying as under –

a) Allow the present Writ and Issue a writ of or in the nature of mandamus or any other appropriate writ, directing Respondents to allow the Petitioner to enter India on his OCI card bearing No. A2327906;

b) Issue a writ of or in the nature of Certiorari or any other writ, order or direction calling for the records of the petitioner’s case.

c) Issue a writ of in the nature of mandamus or any other appropriate writ, order or direction quashing any order/direction restraining petitioner’s entry into India;

d) Issue a writ of in the nature of mandamus or any other appropriate writ, directing Respondents to furnish information/reasons for petitioner’s deportation and refusal of entry into India;

Signature Not Verified W.P.(C) 17113/2024 Page 1 of 14 Digitally Signed By:ROHIT

2. The petitioner is a U.S. citizen and an OCI cardholder. He holds a valid OCI Card (No. A2327906) and a U.S. Passport (No. 505607460). His wife is an Indian citizen by birth and holds an Indian passport (No.

M6835303).

3. The petitioner was born on 07.09.1963 in Virginia, United States. He completed his high school education in Virginia Beach in 1981 and subsequently earned a Bachelor’s degree in Music from Old Dominion University in 1985.

4. The petitioner married to his wife (who is an Indian national) in Virginia, USA, in 1991. They later relocated to Dimapur, Nagaland, in February 1994. They have three children, one of whom was born in Dimapur and is also an OCI cardholder. The petitioner and his wife jointly own property in Nagaland, including their house in Valley View Colony, Dimapur.

5. From 1994 to 2003, the petitioner stayed in India on multiple five- year visas. In 1999, the Government of India introduced the Person of Indian Origin (PIO) Card Scheme to facilitate the entry and residence of people of Indian origin. In August 2003, the petitioner was issued a PIO card (No.

P0069568) valid for 15 years.

6. In 2004, the Citizenship (Amendment) Act introduced the Overseas Citizen of India (OCI) scheme to allow long-term residence for foreign nationals with Indian ties. The petitioner transitioned from a PIO cardholder to an OCI cardholder in 2016. His OCI Card (No. A2327906) was issued by the respondents, granting him a lifelong multiple-entry visa to India.

7. On 18.062024, the petitioner and his wife travelled to the USA to visit the petitioner’s parents. Upon their return to India on 31.10.2024 at Indira Signature Not Verified W.P.(C) 17113/2024 Page 2 of 14 Digitally Signed By:ROHIT Gandhi International Airport, while the petitioner’s wife cleared immigration without any issues, the petitioner was stopped by the immigration officials and was informed that he would not be allowed entry into India and was being deported. When he requested an explanation, he was told that no reason could be provided. No official order or documentation was given to explain his deportation. The immigration officials further refused to stamp his passport and stated that he had to return to the USA on the same flight in which he had arrived.

8. Following the deportation of the petitioner, the petitioner and his wife submitted multiple representations, including one to the Home Department, Government of Nagaland, and another to the respondents seeking grounds for refusal of entry in India.

9. On 26.11.2024, the Home Department, Governmen