SRINAGAR: The Delhi High Court has overturned the cancellation of Overseas Citizenship of India (OCI) status and blacklisting of Kashmir-origin US national, Dr Khalid Jahangir Qazi, noting the importance of balancing individual rights with national security concerns, Delhi newspaper The Indian Express reported.
Dr Qazi, a clinical professor at the University of Buffalo, had challenged two government orders imposed on him: the cancellation of his OCI card in May 2023 and a subsequent blacklisting order that restricted his entry into India.
In its ruling, the court emphasised that the right to a fair hearing under the Citizenship Act should extend to the blacklisting process under the Foreigners Act. If procedural safeguards were not applied, the court noted, the government could “arbitrarily apply dual remedies, targeting the same actions on identical grounds,” effectively denying individuals the protections afforded by OCI status.
Dr Qazi’s legal challenge, initiated through his representative Farida Siddiqi, argued that he was unaware of his blacklisting until filing the case. Government authorities had cited his alleged involvement in activities considered prejudicial to India’s interests and had classified the intelligence supporting these claims as secret. Dr Qazi learned through court proceedings that he was blacklisted over alleged “pro-Kashmiri separatist activities and anti-India propaganda.”
The High Court observed that the showcause notice issued to Dr Qazi lacked the specificity required to allow a meaningful defence, thus violating procedural safeguards under the Citizenship Act. Justice Sanjeev Narula ruled that when blacklisting grounds are similar to those for OCI cancellation, the procedural protections granted to OCI cardholders under Section 7D of the Citizenship Act should apply.
The court directed the government to issue Dr Qazi a fresh notice detailing any intended restrictions, ensuring a fair opportunity for him to respond. This process must be completed within six weeks, allowing him to contest the grounds of any future actions taken.
Justice Narula highlighted that OCI cardholders are a distinct class under the Citizenship Act, with unique rights and procedural protections that the government is obliged to respect. The court added that invoking the Foreigners Act indiscriminately against OCI cardholders, without due process, could undermine the purpose of the OCI scheme and deprive them of long-term visa rights without legitimate grounds.
Qazi graduated from the Government Medical College Srinagar, in 1968 and migrated to the USA in the 1970s.
