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TMI Blog2019 (8) TMI 1904X X X X Extracts X X X X X X X X Extracts X X X X ..... egrity and sovereignty of India. Appeal allowed. - Hon'ble The Chief Justice And Hon'ble Mr. Justice C. Hari Shankar Appellant/Original Respondent in W.P.(C) 8455/2018 : Mr. Jasmeet Singh, CGSC. Respondent/Original Petitioner in W.P.(C) 8455/2018 : None. JUDGMENT D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This Letters Patent Appeal has been preferred by the original respondent in W.P.(C) 8455/2018. Though the notice was issued and served upon the respondent, but nobody has appeared in this appeal. 2. We have heard the counsel for the appellant who has submitted that the original petitioner, who is respondent in this appeal, is an Overseas Citizen of India as defined under Section 2 (ee) of The Citizenship Act, 1955 (hereinafter referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, who are authorised to issue black listing orders to inform such persons (foreigners/OCI card holders, who have been issued a prior visa) that they have been black listed and their entry into this country would be denied. The Secretary, Ministry of External Affairs shall file an affidavit confirming compliance of this order, within a period of four weeks from today. 3. It is further submitted by the counsel for appellant that no order, under Section 7D of the Act, 1955, cancelling the registration as Overseas Citizen of India cardholder, was ever passed by this appellant and therefore, in the writ petition, there was no challenge by the original petitioner for any order under Section 7D of the Act, 1955 and hence, the observations in para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ip Act, 1955, especially Section 7D, and also looking into the provisions of visa manual, there is no provision of prior intimation of blacklisting nor there is a provision of prior intimation of cancellation of the registration as an Overseas Citizen of India cardholder. Therefore, in the facts and circumstances of the present case, there was no prior intimation to the original petitioner about the order passed under Section 7D of The Citizenship Act, 1955 as it was not warranted under the said Act. For ready reference, Section 7D of The Citizenship Act, 1955 reads as under: [7D. Cancellation of registration as Overseas Citizen of India Cardholder. The Central Government may, by order, cancel the registration granted under sub-section (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake it clear that there is no need of any prior intimation in case of blacklisting by Union of India, which is done for protecting the integrity and sovereignty and safety of India. Similarly, there is no need of prior intimation when the Union of India passes any order under Section 7D of The Citizenship Act, 1955, especially for the reasons mentioned in Section 7D of The Citizenship Act, 1955, more particularly for protecting the integrity and sovereignty of India. To this extent, the order passed by the learned Single Judge dated 21st August, 2018 in W.P.(C) 8455/2018 is hereby modified. 6. With this observation, this appeal is hereby allowed and disposed of. CM APPL.38138/2019 (Stay) 7. In view of the order passed in LPA 219/2019, this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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