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HC reverses OCI card cancellation for US professor.

Passport Lawyer HighCourt

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 shifted from India to the US in the 1970s. 

HC sets aside govt order nixing OCI card of proffessor. 

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.

HC said it deprived the petitioner of a fair chance to present an effective defence, a crucial component of procedural fairness and principles of natural justice, while allowing the plea of 80-year-old Khalid Jahangir Qazi. It said the authorities are directed to issue a fresh notice clearly specifying the grounds for any intended restrictions.

For case specific advice, get in touch with best Passport Citizenship Rights Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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