KHALID JAHANGIR QAZI Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Khalid Jahangir Qazi, a national of United States of America holding the status of an Overseas Citizen of India,1 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 dtd. 12/5/2023 issued by the Consulate General of India, New York,2 cancelling his OCI card under the Citizenship Act, 1955,3 and the Citizenship Rules, 2009; and a subsequent blacklisting order issued by the Ministry of Home Affairs, under the Foreigners Act, 1946,4 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.

(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.