Delhi High Court - Orders
Muhammed Yoosuf Abdul Razack vs Union Of India Through Ministry Of ... on 21 April, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4468/2022
MUHAMMED YOOSUF ABDUL RAZACK ..... Petitioner
Through: Mr. Karan S. Thukral, Ms. Babita
Paanchal & Ms. Vaishnavi Arora,
Advocates (M- 9870367760)
versus
UNION OF INDIA THROUGH MINISTRY OF EXTERNAL
AFFAIRS & ANR. ..... Respondents
Through: Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh & Ms. Vidhi Gupta, GP.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.04.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner - Mr. Muhammed Yoosuf Abdul Razack seeking quashing of the blacklisting order passed by the Respondent No.1 - Ministry of External Affairs.
3. The brief facts are that the Petitioner is a citizen of New Zealand who was issued an OCI card. However, when he arrived in India on 13th June, 2018, he was informed that he had been blacklisted and banned from entering India. Thus the Petitioner was constrained to file the present petition.
4. In the present petition, vide order dated 1st April, 2022 status report was called from the Respondents and thereafter a counter affidavit was also directed to be filed.
5. Today, Ms. Raman, ld. CGSC submits under instructions that a review was conducted by the Respondent No.1. The review meetings were Signature Not Verified Digitally Signed By:RAHUL Signing Date:24.04.2023 18:55:30 held on 31st January, 2023 and 1st February, 2023. Pursuant to the said meetings, a recommendation has been issued for deleting the Petitioner's name from the blacklisting order. Thus, the blacklisting order would no longer survive.
6. Intimation of the deletion of the Petitioner's name from the blacklisting order shall be given by the Respondent No.1 to the Petitioner by all modes of communication. The Immigration Authorities shall also be informed of the said deletion.
7. Insofar as the validity of the OCI card is concerned, in terms of the counter affidavit filed by the Respondent No.2 - Bureau of Immigration, paragraph 6 specifically records that the OCI card is valid. The said paragraph is set out below:
"6. It is submitted that an OCI cardholder is a foreign national, holding a passport of a foreign country and he/she is not a citizen of India. Article 9 of the Constitution of India read with Section 9 of the Citizenship Act, 1955 does not allow dual citizenship. While OCI cardholders are entitled for some facilities like a multiple entry like long visa for visiting India, they are not entitled to all the rights and privileges that are available to Indian citizens. Sub Section (1) of Section 78 of the Citizenship Act, 1955 empowers the Central Government to specify the rights to which an OCI Cardholder, who is a foreigner, would be entitled to by a notification in the Official Gazette. Thus, OCI cardholders are foreigners and the rule applicable to foreigners related to blacklisting are equally applicable to OCI cardholders. It is to be mentioned that OCI card of Abdul Razack Muhammed Yoosuf is presently valid. "Signature Not Verified Digitally Signed By:RAHUL Signing Date:24.04.2023 18:55:30
8. In view of the above deletion of the Petitioner's name from the blacklisting order and the OCI card being valid, there would be no impediment in the Petitioner's travel to India in future.
9. In view thereof, no further reliefs are called for in this matter.
10. Petition is disposed of in these terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
APRIL 21, 2023 Rahul/KT Signature Not Verified Digitally Signed By:RAHUL Signing Date:24.04.2023 18:55:30