4 min readNew DelhiFeb 28, 2023 01:29 PM IST
First published on: Feb 28, 2023 at 01:29 PM IST
The Delhi High Court Tuesday asked the Centre to file a proper response to Vice News journalist Angad Singh’s plea challenging his “blacklisting” and his plea against the Centre’s refusal to allow him to enter India in August last year.
In the last hearing on January 27, the Centre submitted before a single-judge bench of Prathiba Singh that the journalist was blacklisted at the instance of the consulate general of India, who said Angad should not be permitted to enter India. The high court had asked the Centre’s advocate, Anurag Ahluwalia, to seek instructions from the Ministry of External Affairs (MEA) “whether any show cause notice or any proceedings have been commenced” against Singh for cancellation of the OCI card.
Angad Singh, who was involved in producing Vice News’s 2020 documentary India Burning, was deported back to the US on August 23, 2022. Singh’s advocate Swathi Sukumar had argued previously that he had wanted to travel to India for a personal visit as he has roots in India and has relatives in the country, and he wanted to visit religious places.
Sukumar argued Tuesday that she had moved an amendment application, challenging the blacklisting which was mentioned in the counter affidavit of the Ministry of Home Affairs (MHA). It states that Singh is a “blacklist subject and he was blacklisted…at the behest of Consulate General of India New York (under Ministry of External Affairs) on 11.03.2021 with remarks, ‘prevent subject form entering India and inform originator”.
The affidavit stated that the reason for blacklisting was that he was granted a visa to film a documentary on Republic Day celebration. “However his documentary India Burning presented a very negative view of India’s secular credentials. He misrepresented facts in his visa application filed for obtaining a journalist visa in the year 2020 and has indulged in blatant anti-national propaganda to defame the country,” the affidavit stated. Sukumar submitted that she did not have a copy of the blacklisting order.
Submitting that he would file a “detailed response”, Ahluwalia said that the primary condition was that Singh comes to the place, makes a video, gives it to the consulate general for approval, once approved, then the video could have been made public.
The high court allowed the amendment to the writ petition and directed the Centre that a “proper counter affidavit be now filed to the amended petition”. Sukumar submitted that Centre had to seek instructions on whether there had been any proceedings initiated for cancellation of her client’s OCI card, to which Ahluwalia said, “We have not initiated any proceedings as of now” and submitted that filing the blacklisting order may not be necessary.
‘It is submitted by the Centre that their stand would be stated in the counter affidavit which is now to be filed in the amended writ,” the high court recorded, listing the matter in May.
Sukumar had previously argued that under the Citizenship Act for OCI cards, the provisions are clear that except for certain rights as specified in 7B (2) of the Act, OCI card holders enjoy all rights guaranteed under the Constitution of India.
She also submitted that as per Section 7D, OCI cards cannot be cancelled on any grounds except as provided therein. She specifically relied on the proviso to the section, which holds that an OCI cardholder would have to be given a reasonable opportunity to be heard before an order is passed for the cancellation of his or her card.
She had submitted that “no reason has been specified” on why Singh was not allowed entry into India in August 2022. She argued that this is a violation of the proviso to Section 7D of the Act, which “requires compliance with principles of natural justice”. She argued that her client’s OCI card is “still valid” and Singh is claimed to have been blacklisted by respondents but his OCI card has not yet been cancelled.
Vice News journalist Angad Singh (Express Photo) 
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