The Delhi High Court has overturned the Centre’s decision to revoke the Overseas Citizen of India (OCI) card of an 80-year-old professor residing in the United States, citing insufficient evidence and lack of specific details regarding allegations of “anti-India activities.” The court emphasized the importance of fair procedure, stating that the petitioner had been deprived of an adequate opportunity to present his defense.
Justice Sanjeev Narula, while delivering the verdict on Tuesday, allowed the plea of Khalid Jahangir Qazi, a Clinical Professor of Medicine in a US university. Qazi had contested two restrictive measures imposed on him: the cancellation of his OCI card under the Citizenship Act and a blacklisting order issued by the Ministry of Home Affairs under the Foreigners Act. These measures effectively barred him from entering India.
The court, while striking a balance between individual rights and national security, directed the authorities to issue a fresh notice with explicit details supporting the proposed action. “This notice should provide the petitioner with sufficient details to understand the basis of the proposed action and to respond accordingly…This process should be completed within six weeks from today,” remarked Justice Narula in the judgment.
The Centre’s decision was based on claims that Qazi was involved in activities against India’s interests. However, the notice issued to him reportedly lacked specifics or evidence substantiating these allegations, thereby raising concerns about procedural fairness. Justice Narula underscored that the absence of such details prevented the petitioner from mounting an effective response.
Qazi, who moved from India to the United States in the 1970s, is currently based there and works as a clinical professor. His desire to visit India stems from the wish to reunite with his family members who reside in Srinagar. In his plea, he argued against the legality of the Centre’s actions, which had restricted his entry into the country.
The court’s decision mandates the authorities to provide a fresh notice detailing the reasons for canceling Qazi’s OCI card. It also directs them to grant him a reasonable opportunity to respond to the allegations before any further action is taken.
Justice Narula’s ruling highlights the delicate balance between safeguarding national security and respecting individual rights. By ensuring that Qazi is afforded a fair chance to defend himself, the court has underscored the importance of due process in cases involving such serious allegations.
