Can deny entry to OCI card holders deemed undesirable: Home Ministry

India has a sovereign right to deny entry to Overseas Citizen of India (OCI) card holders deemed undesirable, regardless of a valid visa, the union ministry of home affairs (MHA) has told the Delhi high court.
In an affidavit filed on May 21, MHA further stated that OCI card holders, who are foreigners, are under a mandate to not undertake the activities prohibited under the category of VISA or OCI guidelines and cannot claim the fundamental right to free speech, movement and protest, enshrined under article 19 of the Constitution of India.
Justifying reasons for rejecting permission is not a matter of right, the affidavit stated.
'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 in as much as entry into any country's territory is not a matter of right, even if the person holds a valid visa,' the affidavit filed on May 21 stated.
It added, 'It is germane to mention that OCI card holders or other foreigners visiting in India are supposed to adhere to the laws of the country i.e the activities which are prohibited from them under the category of VISA or OCI guidelines. The citizens of India are guaranteed fundamental right of speech and 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 card holders are foreigners and citizens of another country, they cannot claim the right to free speech, movement and protest under Article 19 of the Indian Constitution.'
The submission came in a plea filed by Washington-based cybersecurity journalist Raphael Satter, challenging Centre's December 4, 2023 decision to revoke his OCI card. Though Satter had also filed a revision petition in January 2024, the same was disposed of in May last year, concluding that there were no grounds to revise the OCI cancellation order.
Satter's card was revoked months after Centre's decision of cancelling Sweden-based professor Ashok Swain's OCI card. On July 30, 2023, the Centre had revoked Swain's card but the Delhi high court on March 28, permitted Swain's entry by setting aside the decision.
On May 18, Indian-origin professor Nitasha Kaul had revealed about the Centre's decision to revoke her OCI card citing anti national activities.
With regards to Satter, MHA in its affidavit justified the move stating that the decision was based on inputs by security agencies which flagged his activities of maliciously creating adverse and biased opinions against Indian institutions in international arena through his journalist activities and he could not be provided with the reports due to its 'confidential nature.' MHA further stated that it had enough inputs to show that Raphel wilfully violated the conditions of the March 4, 2021 notification which bars OCI card holders from undertaking research. '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 affidavit stated.
In its 24-page affidavit, the MHA said that the ministry before initiating the cancellation of OCI proceedings, consulted security agencies, external affairs ministry and also served a show cause notice to him on June 12, 2023 and his response failed to establish that he had not done any journalistic activities or submit his whereabouts or activities during his visit to India.
Satter's plea will be next heard on August 25.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

The Print

44 minutes ago

• The Print

Govt meets stakeholders to assess impact of Iran-Israel conflict on trade; monitoring situation

The participants informed that the situation in the Strait of Hormuz is currently stable and a ship reporting system is in place to monitor any incidents. New Delhi, Jun 20 (PTI) The commerce ministry on Friday held consultations with key stakeholders, including shipping lines, exporters, container firms, and other departments, to assess the impact of the Iran-Israel conflict on India's overseas trade, an official said. The freight and insurance rates are also being closely monitored, the official said. The commerce secretary emphasised the need to assess the evolving situation and its impact on Indian trade, the official said. He highlighted the importance of exploring all possible alternatives in response to the situation. Exporters have stated that the war, if escalated further, would impact world trade and push both air and sea freight rates. They have expressed apprehensions that the conflict may impact the movement of merchant ships from the Strait of Hormuz and the Red Sea. Nearly two-thirds of India's crude oil and half of its LNG imports pass through the Strait of Hormuz, which Iran has now threatened to close. This narrow waterway, only 21 miles wide at its narrowest point, handles nearly a fifth of global oil trade and is indispensable to India, which depends on imports for over 80 per cent of its energy needs. According to think tank GTRI, any closure or military disruption in the Strait of Hormuz would sharply increase oil prices, shipping costs, and insurance premiums, triggering inflation, pressuring the rupee, and complicating India's fiscal management. The present conflict that began with an attack on Israel on October 7, 2023 had brought cargo movement through Red Sea routes to a halt due to attacks by Houthi rebels on commercial shipping. Last year, the situation around the Bab-el-Mandeb Strait, a crucial shipping route connecting the Red Sea and the Mediterranean Sea to the Indian Ocean, escalated due to attacks by Yemen-based Houthi militants. Around 80 per cent of India's merchandise trade with Europe passes through the Red Sea, and substantial trade with the US also takes this route. Both these geographies account for 34 per cent of the country's total exports. The Red Sea Strait is vital for 30 per cent of global container traffic and 12 per cent of world trade. India's exports to Israel have fallen sharply to USD 2.1 billion in 2024-25 from USD 4.5 billion in 2023-24. Imports from Israel came down to USD 1.6 billion in the last fiscal from USD 2.0 billion in 2023-24. Similarly, exports to Iran, amounting to USD 1.4 billion, which were at the same level in 2024-25 as well as in 2023-24, could also suffer. India's imports from Iran were at USD 441 million in FY25 as against USD 625 million in the previous year. The conflict adds to the pressure that the world trade was under after the US President Donald Trump announced high tariffs. Based on the tariff war impact, the World Trade Organisation (WTO) has already said that global trade will contract 0.2 per cent in 2025 as against the earlier projection of 2.7 per cent expansion. India's overall exports had grown 6 per cent on year to USD 825 billion in 2024-25. PTI RR HVA This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

Hindustan Times

an hour ago

• Hindustan Times

Bengal govt delivers Digha Jagannath temple prasad to 10.4 million households

Kolkata: The West Bengal government has started delivering prasad from the newly-constructed Jagannath temple in Digha at the doorsteps of more than 10.4 million households across the state. West Bengal chief minister Mamata Banerjee chairs a high-level meeting for Smooth Snan Yatra at Digha Jagannath Temple, at Nabanna Sabhaghar in Howrah on June 12. (ANI) 'Around 300 kilos of khoa (a sweet), which was offered to the deities - Lord Jagannath, Lord Balaram and Goddess Subhadra – was sent to all the districts in West Bengal in small amounts. There they were mixed with additional khoa in select sweetshops to make peda and gaja. These are being delivered to more than 10.4 million households at the doorsteps,' Radharamn Das, vice-president and spokesman of International Society for Krishna Consciousness (ISKCON) in Kolkata, told HT. However, a fresh controversy has erupted over the government's initiative of distributing prasad from the temple. Earlier this year a series of controversies were triggered when the temple, a brainchild of chief minister Mamata Banerjee, was inaugurated on April 30. On June 10, around 300 kilos of khoa (a sweet), supplied by a Kolkata-based manufacturer, reached the temple in refrigerated containers. Dozens of priests received the khoa, which was then offered to the trinity deities - Lord Jagannath, Lord Balaram and Goddess Subhadra. 'The offering (khoa) was then sent to the districts where more sweets were added to increase their volume and two types of sweets were made. They were packed and are now being delivered to the households by ration dealers,' said Das. The door-to-door delivery of the prasad started from June 17 and is likely to continue till July 4. The state government is taking the help of its huge network of ration shops and ration dealers to deliver the prasad at the door-step of 10.4 million households. 'In 2021 the state government launched the Duare Ration scheme, through which subsidised food grains are delivered at the door steps of the beneficiaries. More than 22,000 ration dealers are involved in this. This entire network is now being utilised to deliver the prasad at the door steps,' said Biswambhar Basu, national general secretary of All India Fair Price Shop Dealers' Federation. Each packet will contain two sweets (peda and gaja) and a photo of the temple and the trinity deities. Each packet will cost around ₹ 20, a senior official said. Suvendu Adhikari, Bharatiya Janata Party (BJP) legislator and leader of the opposition in the state legislative assembly, however, alleged that the TMC-led government was hurting the sentiments of Hindus. 'The government is hurting the sentiments of Hindus in the name of distributing prasad. This is not prasad as it is not coming directly from any temple. These are sweets manufactured in local sweet shops. True Hindus will not accept it as a prasad. They will accept it only as sweets from the local shop. This is an anti-Hindu government,' Adhikari told the media. On April 30, while speaking to the media on the temple's inauguration day, Banerjee had said: 'I am giving responsibility to the state Information and Cultural Affairs (I&CA) department. A photo of the temple and a small amount of prasad should be delivered to every house across the state and also to eminent persons across the country.' A senior official, however, pointed out that when the government issued the order for the prasad to be delivered by ration dealers, the word 'prasad' was replaced by 'souvenir'. 'It has been decided that a token souvenir in connection with the 'Jagannath Dham Cultural Centre' (Digha) will be distributed to the households of the state by utilising the 'Duare Ration' delivery system,' said the order issued by the I&CA department earlier this month. While Banerjee is the state I&CA minister, Indranil Sen is the minister of state. Multiple calls made to Sen went unanswered. He didn't respond to specific whatsapp messages either. 'These initiatives by Banerjee are nothing but an attempt to counter the BJP's Hindutva campaign. But while on one hand the government is calling it a temple and a dham, on paper they are saying it is a cultural centre. Also, they are not using the word prasad, they are calling it a souvenir. Duare Ration scheme is availed not just by the Hindus, but by other communities also. This may hurt their sentiments as well,' said Rabindranath Bhattacharya, professor of political science at Burdwan University. The BJP, meanwhile, has already raised allegations that non-Hindus are being used to deliver the prasad to Hindu households in some areas. This is, however, not the first time that a controversy has erupted over the Jagannath temple. The 'temple' tag itself triggered a major controversy ahead of the inauguration when the BJP had raised questions on how funds from the government exchequer can be used for constructing any institution for a particular religion. Days before the 'temple' was inaugurated, Adhikari wrote an open letter to the state's chief secretary HK Dwivedi seeking clarification on whether it was a 'temple' or a 'cultural centre' 'The tender documents of West Bengal Housing Infrastructure Development Corporation reveal that 'Jagannath Dham Sanskriti Kendra' has been built at Digha? You are inviting me to attend the 'Prana Pratistha' Ceremony. Will you clarify whether 'Jagannath Dham Sanskriti Kendra' (cultural center) is being inaugurated or Jagannath Temple is being inaugurated? You must reprint the Invitation Card with proper clarity. You can also send me a reply clarifying whether HIDCO has built a Temple or a Cultural Centre,' Adhikari wrote on X on April 27. The newly constructed temple also became a bone of contention between the TMC-led government in West Bengal and the BJP-led government in Odisha, which houses the 12th century Jagannath Dham in Puri. Mohan Majhi, chief minister of Odisha also shot a letter to Banerjee asking her to refrain from tagging the Digha temple as a 'dham'. Allegations had surfaced that neem wood, preserved at the Puri temple, was stolen to make the idols in the Digha temple. Considered auspicious in Hindu religion, wood from neem (Azadirachta Indica) tree was used to make the idols of Jagannath, Balaram and Subhadra at the ancient Puri temple. Banerjee oversaw the consecration ceremony on April 30. The consecration was supervised by Rajesh Daitapati (servitor), one of the priests from the Puri temple. 'Nobody raises questions when Mamata Banerjee builds skywalks at Dakshineswar and Kalighat temple or worships Kali or Durga. But the Jagannath Dham seems to have hit the wrong nerve. I am being accused of stealing a neem tree. There are four neem trees at my home. Ask them how many they want. We don't need to steal things,' Banerjee had said in May, reacting to the allegations. Though a subsequent probe found the allegations untrue, the servitor of the Puri temple who attended the 'consecration process' of the Jagannath temple in Digha was debarred from entering the temple for a month. 'I think that the people of the state are somewhat indifferent to this Jagannath temple issue. Neither the BJP nor the TMC will gain anything out of this. Only a handful of sweet-traders are likely to gain something from this as a few crores of rupees are involved. Even though the Mamata Banerjee government had planned to counter the Hindutva campaign, it has lost the edge,' said Biswanath Chakraborty, professor of political science at the Rabindra Bharati University.

First Post

an hour ago

• First Post

Romania finally gets a prime minister, budget crisis PM Bolojan's first test

Romania's President Nicusor Dan nominated Ilie Bolojan, leader of the National Liberal Party, after weeks of coalition talks. Now, the biggest challenge in the new government's hands will be tackling the budget crisis read more Romania's new pro-Western president, Nicusor Dan, on Friday nominated Ilie Bolojan, leader of the pro-European National Liberal Party (PNL), as the country's next prime minister. AP Romania's new pro-Western President, Nicusor Dan , nominated Ilie Bolojan, leader of the pro-European National Liberal Party (PNL), as the country's next prime minister. The move was announced on Friday, marking an end to the weeks of political uncertainty following the annulled December presidential elections. The 56-year-old centre-right leader was serving the role of Senate president and is known for his reformist approach and administrative discipline. It is pertinent to note that Bolojan had previously served as acting president from February to May, when Dan defeated a hard-right opponent in a heated presidential election rerun . STORY CONTINUES BELOW THIS AD The nomination came as Romania, a European Union and NATO member state, is seeking to end a protracted political crisis that has gripped the nation since last year. Bolojan was nominated following a fresh round of talks between Dan and PNL. The biggest challenge facing Bolojan now will be taking care of the budget crisis in the country. The budget crisis: Bolojan's biggest challenge The 56-year-old leader will be tasked with tackling Romania's dire finances and reconciling the divided EU member. The country's budget deficit stood at 9.3 per cent at the end of last year, making it the highest in the European Union, AFP reported. In a press conference last week, Bolojan said Romania was 'in a complicated situation', adding that the incoming government would have to resort to 'unpopular measures' that could include cutting public spending and imposing tax rises. Meanwhile, Political scientist Sergiu Miscoiu told AFP that Bolojan was 'the person best placed to take unpopular measures to tackle the serious budget crisis'. However, analysts also point out that apart from a brief time as interim president, he had 'no experience in national politics'. Apart from this, deep social divisions in the nation were also made clear by the controversies that surrounded the presidential election. According to Cristian Andrei, a Bucharest-based political consultant, the new government will face the challenge of reaching a longer-term consensus over already delayed state reforms. 'There is only a disputed agreement on very short-term measures for the economic and budget crisis,' the political consultant told The Associated Press. 'If the short-term measures come with a social cost, inflation … (and) will not be met by profound changes in policies and institutions, then the political crisis will loom over the next years and (future) elections," he furthered. STORY CONTINUES BELOW THIS AD What comes next Bolojan's nomination will now need to be approved by the country's parliament. According to Euro News, his government is expected to be comprised of the leftist Social Democratic Party, or PSD, the PNL, the reformist Save Romania Union party, and the small ethnic Hungarian UDMR party. Ahead of his nomination, the PSD has pushed for a power-sharing agreement that would see a rotation of the prime ministerial post. While speaking after being nominated for the prime ministerial position, Bolojan said he's 'fully aware of the great responsibility' the role will bring and acknowledged it 'will not be an easy undertaking.' 'I will pursue three priorities: to restore order to the country's finances, to work toward good governance that creates conditions for development in Romania, and … to show proper respect to the Romanian people," he furthered. While the far-right parties recently won a third of the parliament seats, they were kept out of the talks to form a new government. Defeated presidential candidate labelled the move as 'a disgrace and an insult'. Meanwhile, the European Union has voiced concerns over the rise of Eurosceptic parties in NATO member Romania that are opposed to sending military aid to Ukraine. STORY CONTINUES BELOW THIS AD With inputs from agencies.