NEW DELHI: Delhi HC set aside the Centre’s order cancelling the Overseas Citizen of India card of a professor residing in the US on the allegation of being involved in “anti-India activities”, saying the notice lacked specific details or evidence supporting these claims.
HC said it deprived the petitioner of a fair chance to present an effective defence, while allowing the plea of 80-year-old Khalid Jahangir Qazi. Striking a balance between individual rights and national security, the court said before allowing Qazi to enter the country, the authorities are directed to issue a fresh notice clearly specifying the grounds for 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…This process should be completed within six weeks from today,” Justice Sanjeev Narula observed in a verdict passed on Tuesday.
Qazi approached the court 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.
The basis for the actions was the petitioner’s alleged involvement in activities deemed to be prejudicial to the interests of India He is working as a Clinical Professor of Medicine at a US university, shifted from India to the US in the 1970s. He wishes to travel to India to meet his other family members who are staying in Srinagar.
