In a significant ruling, the Delhi High Court emphasized that the rights of Overseas Citizens of India (OCI) cannot be arbitrarily curtailed, as it addressed the case of John Robert Roughton III, an OCI cardholder deported for alleged unauthorized missionary activities in Nagaland and other northeastern states.
Justice Sachin Datta declared that the deportation and subsequent blacklisting of Roughton did not adhere to the required statutory processes, highlighting a breach of the principles of natural justice. The court ordered the Centre to issue a show cause notice to Roughton, allowing him the opportunity to respond before making a final decision on his blacklisting.
The controversy began when Roughton, a U.S. citizen by birth and married to an Indian national since 1991, was denied entry into India in October 2024 despite holding a valid OCI card, which includes a lifelong visa. The Centre argued that Roughton had been involved in missionary activities without appropriate permissions, leading to his blacklisting by security agencies.
However, the court noted that Roughton had not been given a reasonable opportunity to contest the allegations or even informed of the grounds for his deportation and blacklisting at the time it occurred. “At the time of deportation, he was neither informed that he had been blacklisted nor given an opportunity to contest the allegations leveled against him,” stated the judgement passed on March 28.
The Delhi High Court reminded that the OCI status confers a special “midway” right, as previously described by the Supreme Court, which requires adherence to statutory norms before any cancellation of registration. The court underscored that any action affecting this status must provide the cardholder a reasonable chance to be heard, in line with the principles of natural justice.
