Delhi High Court - Orders
Asif Hakim Adil vs Union Of India on 4 February, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:05.02.2021
22:41:45
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2527/2020 and CM APPL. 8844/2020
ASIF HAKIM ADIL ..... Petitioner
Through: Mr. Febim M Varghese, Advocate.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Chetan Sharma, ASG, Mr. Nidhi
Raman, CGSC with Mr. Sudipti
Saxena, Advocate for R-1 (M:
9891088658).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 04.02.2021
1. This hearing has been done through video conferencing.
2. The present petition raises a question under the Citizenship (Amendment) Act, 2019 relating to Section 7D of the Citizenship Act, 1955.
3. The submissions of ld. counsel for the Petitioner are that the Overseas Citizenship Card of India (hereinafter 'OCI') card of the Petitioner has been cancelled as of 23rd November, 2016 by the Ministry of Home Affairs, Foreigners Division, (OCI Cell). The said cancellation and deportation of the Petitioner back to the USA was challenged by him in W.P. (C) 4302/2019 titled Asif Hakim Adil v. Union of India. This Court, vide order dated 18th December, 2019, had disposed of the writ directing the Respondent to communicate to the Petittioner, the order passed under Section 7D of the Citizenship Act, 1955.
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:05.02.2021 18:51 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:05.02.2021 22:41:454. The challenge in the present case is that the order dated 7th February, 2020 passed by the Ministry of Home Affairs, Foreigners Division, (OCI Cell), which has now been communicated to the Petitioner, is an order which has been passed after the Citizenship (Amendment) Act, 2019 has come into effect on 10th January, 2020. Thus, a hearing ought to have been given in terms of the said amendment.
5. Both parties wish to rely on some documents. The officer concerned from the Respondent side from the Ministry of Home Affairs shall produce the file relating to the present case in a sealed cover. The Petitioner also wishes to file some additional documents in a sealed cover. Both may bring their respective documents on the next date i.e., 18th February, 2021, at the end of board.
PRATHIBA M. SINGH, J.
FEBRUARY 4, 2021 MR/Ap Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:05.02.2021 18:51