Delhi High Court - Orders
Halid Jahangir Qazi Through His Power Of ... vs Union Of India Through Secretary & Ors on 30 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7755/2023 & CM APPL Nos. 22927/2029
HALID JAHANGIR QAZI THROUGH HIS POWER OF
ATTORNEY HOLDER MS FARIDA SIDDIQI ..... Petitioner
Through: Mr. Parag P. Tripathi, Senior
Advocate with Ms. Aarushi Mishra,
Mr. Apoorv P. Tripathi and Ms.
Anjali Kaushik, Advocates.
versus
UNION OF INDIA THROUGH SECRETARY
& ORS. ..... Respondents
Through: Mr. Farman Ali, SPC for UOI with
Mr. Krishan Kumar and Ms. Usha
Jamnal, Advocate for UOI.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 30.05.2023 [ The proceeding has been conducted through Hybrid mode ] The matter has been received on transfer upon urgent mentioning CM APPL. 29928/2023
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 7755/2023 & CM APPL Nos. 22927/2029
3. Petitioner challenges the order dated 12.05.2023 whereby the respondents have directed the petitioner, in terms of Rule 35(1) of the Citizenship Rules, 2009, to deliver the OCI card bearing number A3020927 to the Consulate General of India at New York, USA within 15 days from 12.05.2023, failing which, it would be considered as cancelled under Rule 35(2) of the Citizenship Rules, 2009.
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4. Mr. Parag P. Tripathi, learned Senior Counsel appearing for the petitioner invites attention of this Court to the proviso to Section 7 D of the Citizenship Act, 1955 whereby, it is incumbent upon the authority before cancellation of the OCI card to give a reasonable opportunity of being heard before any drastic measure is undertaken.
5. Learned Senior Counsel invites attention to the show cause notice wherefrom the impugned order has emanated, to submit that the show cause notice is to contain the grounds on which the authority has made a subjective satisfaction as to take action as contemplated under the Citizenship Act, 1955. The only ground that has been raised in the show cause notice is "involved in anti-India activities", which according to Mr.Tripathi, learned Senior Counsel is very wide and ambiguous and no reply or response to such ambiguous or widely worded ground can be expected to be given by the petitioner.
6. Moreover, learned Senior Counsel also refers to the order dated 12.05.2023 to submit that without any hearing being granted in accordance with the proviso to Section 7 D of the Act, an order has been passed directing the petitioner to surrender the OCI card.
7. Learned Senior Counsel submits that the same is draconian and cannot curtail the rights of the petitioner to hold on to his OCI card except for action in accordance with law.
8. Mr. Farman Ali, learned Special Public Prosecutor appearing for the respondent on the other hand submits that the Anti-India activities/ pro-Pakistan activities/ propaganda alleged against the petitioner are of a very serious nature and some allegations cannot for obvious reasons be disclosed to the petitioner.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 04:42:38
9. MHA's action is based on inputs received from Ministry of External Affairs and security agencies which are classified as 'Secret' and these cannot be divulged to the petitioner.
10. So far as the issue of personal hearing is concerned, Mr. Ali, learned counsel submits that there is nothing on record to show that the petitioner was granted any such personal hearing.
11. Mr. Ali, learned counsel also submits that there is an alternative efficacious remedy available to the petitioner under Section 15A of the Act, which has not been exhausted.
12. This Court has considered the aforesaid submissions and is of the considered opinion that where the principles of natural justice have been violated, the petitioner though may have an alternate remedy yet is not precluded from invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India.
13. Issue notice.
14. Notice is accepted by Mr. Farman Ali, learned SPP appearing on behalf of respondent/UOI.
15. Reply be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
16. List on 07.08.2023 along with W.P.(C) 6316/2023 before the Roster Bench.
17. In the meanwhile, the order dated 12.05.2023 be not given effect to.
TUSHAR RAO GEDELA, J MAY 30, 2023/nd This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 04:42:38