Centre defends OCI cancellation in HC
New Delhi: The Centre has defended in the Delhi High Court its decision to cancel the OCI card of US-based journalist Raphael Satter saying he maligned Indian institutions in the international arena through journalistic activities.
The Centre said it was satisfied that Satter conducted journalistic activities without waiting for necessary permission and violated the government's notification and that a 'discreet' lookout circular (LOC) was opened against him. 'It has been reported by security agencies that Raphael has been noted for acts of maliciously creating adverse and biased opinions against Indian institutions in the international arena through his journalistic activities and a discreet LOC was opened against him,' the Ministry of Home Affairs said in an affidavit.
The Centre said that his revision petition was as a result disposed of and a speaking order dated May 24, 2024 held that there were no grounds to revise the overseas citizen of India (OCI) cancellation order. The Union ministry's affidavit came in response to Satter's plea against the cancellation of his OCI card.
Justice Sachin Datta, who is hearing the matter, granted liberty to Satter to file a rejoinder to the government's reply and posted the hearing on August 25. Satter obtained the OCI status through his marriage and claimed he visited India for family purposes. The Ministry said it was brought to its notice through security agencies that Satter had attended Nullcon conference in Goa in September 2022 and the focus of the conference was to showcase the next generation of offensive and defensive security technology. Without necessary permission, he attended the conference and conducted journalistic activities, therefore, violating the provision of the ministry's notification, it said. OCI card holders or other foreigners visiting India, it said, were supposed to adhere to the laws of the country, meaning, the activities they are prohibited from under the category of visa or OCI guidelines.
'An OCI cardholder is a foreigner and OCI card is a life-long visa issued to such a foreigner. Every country has a sovereign right to refuse entry into its territory to any individual whom it may consider undesirable and informing about the same inasmuch as entry into any country's territory is not a matter of right, even if the person holds a valid visa,' the affidavit said. Citizens of India, the government said, were guaranteed fundamental right of speech and free movement, but foreigners or citizens of other countries were not entitled to such rights.
Since OCI card holders are foreigners and citizens of another country, they cannot claim the right to free speech, movement and protest under the Article 19 of the Indian Constitution, the ministry added. It came on record that before initiating cancellation of the OCI proceedings, the ministry consulted security agencies and also the Ministry of External Affairs.
After examining the petitioner's activities, his OCI card was found liable to be cancelled. 'Therefore, on June 12, 2023, this ministry (MHA) served a 'notice' to the petitioner through the High Commission of India in Washington DC to showcause as to why his OCI card may not be cancelled...the reports received from security agencies are 'secret' in nature, therefore, it cannot be disclosed to the petitioner,' the affidavit said. Though Satter submitted his reply to the ministry notice, the government claimed, he did not submit documents to establish he did not carry out any journalistic activity aside from showing his whereabouts and activities during his India visit.
The MHA, however, said the reports received from the security agencies and the MEA provided 'enough inputs' indicating he had 'willfully violated' the provision of the 2021 notification. Satter, in his revision petition filed in January, 2024 before the MHA under the Citizenship Act, challenged his OCI cancellation order of December 4, 2023. On April 23, 2024 he claimed of not having carried out any journalistic activity, but the ministry claimed otherwise.
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