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India Today
2 days ago
- Politics
- India Today
How govt revoked OCI card of US journalist Raphael Satter for ‘anti-India bias'
In a case that pits the sovereignty of the Indian state against global norms of press freedom, the Union government has firmly defended its decision to revoke the Overseas Citizen of India (OCI) card of US-based journalist Raphael an affidavit filed before the Delhi High Court last week, the ministry of home affairs (MHA) claimed the move was based on intelligence inputs that flagged Satter for allegedly 'maliciously creating adverse and biased opinions against Indian institutions' in the global arena through his reporting. A discreet Look Out Circular (LOC) had also been issued against him, the government government claimed that before initiating cancellation of OCI proceedings, the MHA had consulted security agencies and the ministry of external affairs (MEA), and also examined the activities of Satter in the light of reports received from security affidavit, filed by I.G. Muthuraja, director in the Foreigners Division of the MHA on May 24, further asserted India's sovereign right to deny entry to any foreign national deemed undesirable, regardless of visa status. 'Entry into a country's territory is not a matter of right,' the government stated, reinforcing its position that holding an OCI card does not guarantee unrestricted access. The affidavit stated it was brought to the notice of the MHA through security agencies that Satter had attended the Nullcon Conference in Goa on September 10, 2022. 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, thus violating the provision of Para (1) (1) of the MHA's notification S.O. 1050 (E) dated March 4, is germane to mention here that OCI cardholders or other foreigners visiting India are supposed to adhere to the laws of the country, i.e. the activities which are prohibited for them under the category of VISA or OCI guidelines,' the government affidavit stated, adding that an OCI cardholder is a foreigner and that the 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 was also informed that Indian citizens are guaranteed the Fundamental Right to Freedom of Speech and Expression and Fundamental Right to Free Movement under Article 19 of the Constitution of India. However, foreigners or citizens of other countries are not entitled to such rights. Since OCI cardholders are foreigners and citizens of another country, they cannot claim Right to Free Speech/Movement and protest under Article 19 of the was pointed out that the legal position on this aspect is not uniform in all countries, but so far, the law which operates in India is concerned, the executive government has an unrestricted right to expel a foreigner. So far as the right to be heard is concerned, there cannot be any hard and fast rule about the manner in which a person concerned has to be given an opportunity to place his case and it is not claimed that if the authority concerned had served a notice before passing the impugned order, the petitioners could have produced some relevant material in support of their claim of acquisition of citizenship, which they failed to do in the absence of a was claimed that before initiating cancellation of OCI proceedings, the MHA had consulted security agencies and MEA and also examined the activities of Satter in view of reports received from security agencies, MEA and provisions under Sections 7D (da) and 7D (e) of The Citizenship Act, 1955, wherein the OCI card of the petitioner was found liable to be cancelled. Therefore, on June 12, 2023, the MHA served a 'notice' to the petitioner through the Indian High Commission in Washington DC to show cause as to why his OCI Card may not be is submitted that the reports received from security agencies are 'Secret' in nature, therefore, it cannot be disclosed to the (7D) The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that:(da) The Overseas Citizen of India cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the central government in the notification published.(e) it is necessary so to do in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general government maintained that though Satter made repeated representations claiming that he did not carry any journalistic activities, he has not submitted anything which proves that he has not done any journalistic activities and was also unable to submit his whereabouts and activities during his visit to India.'It has been reported by security agencies that Raphael Satter has been noted for acts of maliciously creating adverse and biased opinion against Indian institutions in the international arena through his journalistic activities, and a discreet LOC was opened against him,' the government informed the Delhi High high court was informed that in the personal hearing, Satter, through his representatives, claimed that after obtaining his OCI Card, he had visited India only once and had not engaged in any journalistic activities, such as interviews, news events, or taken any photos, nor published any articles during his visit to India. In addition, Satter has cited eight court judgments to support his argument that detailed reasons for the cancellation of an OCI Card need to be furnished when exercising powers under Section 7D of the Citizenship Act, 1955. Further, he stated that no proof has been submitted (i) on the allegation of conducting journalistic activities without special permission (ii) on the allegation of maliciously creating adverse and biased opinion against Indian institutions in the international government has made it clear that the OCI card is a lifelong visa granted to a foreign national of Indian origin or their relatives. The grant of visa is plenary sovereign function of the central government. 'The foreign national cannot claim services as a matter of right as per their convenience. Visa service is meant only for those foreign nationals who intent to arrive/ stay/ depart in/ from India legally and follow Indian laws and rules.'advertisementSubscribe to India Today Magazine
Indian Express
6 days ago
- Business
- Indian Express
Bombay HC declares arrest of Anchor group director by EOW ‘completely illegal', orders his release
The Bombay High Court on Friday held as 'completely illegal' the arrest of Anchor Group director Hemant Jadavji Shah, who was arrested by the Economic Offences Wing (EOW) of Mumbai police earlier this month. It ordered that he be released from Arthur Road jail forthwith. The agency arrested him for allegedly defrauding his elder brother to the tune of Rs 9 crore while investing the proceedings of the sale of their company Anchor Electricals, which was sold to Panasonic Electricals in 2007. The HC noted that the petitioner was produced before the magistrate nearly 30 hours after his arrest, which was against legal principles and violated his fundamental rights. The court further said the EOW officers acted in 'unholy haste' in registering the FIR. Hemant Shah (50) was booked under offences of cheating and criminal breach of trust based on the complaint by his brother Mehul Shah. The alleged financial transactions were undertaken between 2020 and 2025 under the garb of investments in mutual funds to seek higher returns. A vacation bench of Justices Gauri V Godse and Somasekhar Sundaresan passed an order on Hemant's plea alleging illegal detention. Senior advocate Ravi Prakash for Hemant argued EOW's reply to the plea clearly showed the petitioner was arrested on May 17 at 5:30 pm and was produced before the magistrate after 24 hours, at 11 pm on May 18. The HC noted that while the immigration officers detained him on May 17 evening, they handed over his custody to EOW at 4 am on May 18. Prakash submitted that the detention of the petitioner by immigration officers and producing him before the magistrate after almost 30 hours would render his arrest illegal. The bench perused the remand report and noted that the petitioner was taken into custody by the immigration officers at IGI Airport in Delhi and custody continued till EOW officers reached the airport and he was handed over to them at Delhi airport. Therefore, the HC 'did not find any substance' in Mehul's submission that the immigration officers cannot be termed as authorised officers for arresting the petitioner or to take him into custody. 'Thus, we are of the view that there is breach of the requirements under Section 48 (obligation of person making arrest to inform about the same to relative or friend) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the continuation in custody without producing him before the nearest magistrate within the stipulated time of 24 hours as is completely illegal and it infringes the fundamental rights under Article 22 (2) of the Constitution,' the bench noted in its order. It also held that the illegal detention violated the petitioner's right to liberty under Article 21 of the Constitution. The HC said it would refrain from expressing comments on 'unholy haste shown by the officers in registering FIR post midnight at 2 14 am on May 14 and also in issuing Look Out Circular (LOC) on the same day'. 'Considering the nature of the dispute and the allegations made against the petitioner, we did not find that there was any such hurry to initiate action to take the petitioner into custody with such zeal and enthusiasm. In view of the well settled legal principles, we have no manner of doubt in concluding that the petitioner's arrest is illegal for non-compliance of the provisions of law,' the HC said and allowed his plea.
Time of India
28-05-2025
- Time of India
Trafficking accused arrested, used fake docus for passport
Mumbai: A 49-year-old agent, who was wanted for three years in connection with a case of human trafficking and facilitating illegal immigration to the US, has been found involved in a fresh case of passport-related misrepresentation. Zakir Shaikh, a Goregaon resident, was held by the State Monitoring Cell (SMC) of the Gujarat Police recently. Police said Shaikh presented forged documentation before the Regional Passport Office, Malad East, to obtain passports under a different identity. In Dec 2022, the SMC had registered an FIR at Ahmedabad's Sola High Court Police station against 18 people, including Shaikh, for conspiring among themselves and with others "to commit large scale passport fraud and human trafficking for financial gains between 2015 and 2022." These 18 accused are based out of Mumbai, Delhi and Gujarat, and one of them lives in New Jersey, US. Their targets were people wanting to enter the US illegally through the US-Mexico border. The accused either contacted such people directly or through intermediaries. Using fake or forged documentation, they applied for visas of foreign countries for their targets. The SMC investigation has shown that they facilitated illegal immigration to the US on the basis of these documents, charging Rs 60 lakh to 70 lakh for individuals, Rs 1 crore to Rs 1.25 crore for couples, and Rs 21.75 crore in cases involving children. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo Police said Shaikh applied to the Regional Passport Office at Malad using a false identity-- Sait Sameer Kareem. A different place of birth, date of birth and mother's name was mentioned in this application. Proofs, such as Aadhaar card, driving licence and Pan card were provided to support the false identity. The application also claimed that he had studied up to class X when he had never actually been to school. Shaikh used the passport to flee from India, despite a Look Out Circular (LOC) being issued against him. Initially, he travelled to the UAE. The interpol issued a Red Corner Notice against him. Subsequently, he re-entered India through the Indo-Nepal Border. A fresh FIR was registered against him at the Dindoshi police station on May 25 in connection with the passport-related misrepresentation. Police said Shaikh has passport-related offences registered against him in Delhi as well.
Indian Express
28-05-2025
- Business
- Indian Express
Loan fraud case: HC suspends LOC against Manish Mandhana, allows him to travel abroad
The Bombay High Court on Tuesday suspended the Look Out Circular (LOC) issued by the CBI against Manish Mandhana, former director of Mandhana Industries Ltd, who is accused in a bank loan fraud case, and allowed him to travel abroad. Earlier this month, the HC had suspended the LOC issued against him at the behest of Bank of Baroda. Bank of Baroda, the lead banker among a consortium of banks, had in its complaint with the CBI last year alleged that the accused directors of Mandhana Industries Ltd (now GB Global Ltd) Purushottam Mandhana, Manish Mandhana, Biharilal Mandhana and others defrauded the banks to the tune of Rs 975.08 crore. As per the CBI FIR, the accused persons allegedly hatched a criminal conspiracy to cause losses to banks for wrongful gain by diverting loan funds through fraudulent transactions. The Enforcement Directorate (ED) had also started its probe based on the CBI FIR. On May 9, another bench led by Justice A S Chandurkar had suspended LOC issued against Mandhana by the Bank of Baroda till June 3 to enable him to attend his son's convocation ceremony on May 24 and 25 in New York and his travel to London from May 25 to June 2 to meet his daughter. On Tuesday, a vacation bench of HC of Justices Gauri V Godse and Somasekhar Sundaresan was informed by Mandhana's lawyers that at the airport, he discovered that there was another LOC relating to the same case issued at the instance of CBI which prevented him from travelling. The bench noted that the HC on May 9 had already applied its mind and had imposed various conditions and compliances on the applicant in connection with the travel and had considered that the right to travel abroad is recognised as a fundamental right under Article 21 of the Constitution. However, raising objections to the plea, CBI stated that a detailed itinerary was not set out in the application and the travel as originally proposed had been rendered infructuous since he was still in India. 'Since the inability to travel occurred only because of the LOC issued by the CBI, we are not inclined to accept this objection,' the bench noted. It also took on record the detailed itinerary submitted by Madhana and suspended LOC issued at the request of CBI on the same terms set out in May 9 decision. The court clarified that its order would not apply to any other LOC or restraint order, if any, issued by any other authority and directed immigration authorities to permit Mandhana to travel abroad. The HC has posted the matter for compliance on June 12.
The Hindu
24-05-2025
- The Hindu
Two involved in cyber slavery offences, arrested
Two arrests were made by the Telangana Cyber Security Bureau (TGCSB) in a case of cyber slavery. The accused were involved in multiple cases of cyber slavery linked to fraudulent call centres operating out of Southeast Asia. One of the accused, Kolanati Nagashiva alias James, 36 and a resident of Jeedimetla in Hyderabad, was arrested at Netaji Subhas Chandra Bose International Airport in Kolkata on May 19. Nagashiva is an accused in three other cases registered at Central Crime Police Station (CCPS) in Nizamabad and at Armoor police station. Acting on a Look Out Circular (LOC) issued by the SP of Operations at TGCSB, authorities detained him upon arrival from Laos. He was later taken into custody by the Nizamabad police on the basis of a transit warrant issued by the magistrate in Barrackpore, West Bengal. The second accused, Hithesh Arjana Soumya, 29 and a native of Porbandar in Gujarat, was arrested in Delhi. He had recently been repatriated from Myanmar along with several victims of cyber slavery through efforts coordinated by the Ministry of Home Affairs. He has been linked to two criminal cases at Manakondur police station in Karimnagar district and another at Khanapur police station in Nirmal district. While TGCSB teams were in Delhi to assist with the return of the rescued victims, they identified Hithesh and informed local police to secure his arrest. The arrests follow 23 cases registered at various police stations in Telangana in March and April based on complaints of Indian nationals who were rescued from illegal cyber fraud call centres in Cambodia, Myanmar, and Laos. Further investigation into the cases is underway.
