The Delhi High Court has reinstated the Overseas Citizenship of India (OCI) status for Dr. Khalid Jahangir Qazi, a US national of Kashmiri origin, after previously being blacklisted and having his OCI card revoked.
Dr. Qazi, a clinical professor at the University of Buffalo, challenged the government’s orders from May 2023 that canceled his OCI card and imposed a blacklist restricting his entry into India.
In its ruling, the court stressed the need for due process, highlighting that the right to a fair hearing under the Citizenship Act should extend to blacklisting procedures under the Foreigners Act.
The court noted that without procedural safeguards, the government might apply dual remedies on identical grounds, compromising the protections granted to OCI holders.
Dr. Qazi’s case, filed through his representative, Farida Siddiqi, argued he was unaware of his blacklisting until the case was filed. Government authorities cited his alleged involvement in “pro-Kashmiri separatist activities” and “anti-India propaganda.” However, the court found the showcause notice to Dr. Qazi was too vague to allow a proper defense.
Justice Sanjeev Narula ruled that when grounds for blacklisting overlap with OCI cancellation, procedural protections under Section 7D of the Citizenship Act should apply.
The court directed the government to issue a fresh, detailed notice within six weeks, enabling Dr. Qazi to contest the charges fairly.
Justice Narula added that OCI cardholders possess unique rights, and indiscriminate application of the Foreigners Act against them could undermine the purpose of the OCI scheme.