Nitasha Kaul Challenges OCI Cancellation In Delhi High Court, Calls India Entry Ban “Unfair And Unconstitutional”

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UK-based academic Nitasha Kaul has approached the Delhi High Court against the Centre’s decision to cancel her OCI status and ban her entry into India. The plea questions the legality of the move, calling it a violation of free speech and due process.

Indian-born British academic, novelist and poet Nitasha Kaul has approached the Delhi High Court challenging the decision of the Central government to blacklist her and cancel her Overseas Citizen of India (OCI) status, which has effectively barred her from entering the country.

Her petition raises serious questions about freedom of expression, constitutional rights, and the extent of government powers in dealing with overseas citizens who express critical views on national policies.

Kaul’s writ petition is listed for hearing on November 25 before Justice Sachin Datta.

Through this petition, she has requested the court to set aside the government’s decision and restore her OCI status, stating that the action taken against her is arbitrary, unjustified, and violative of basic legal and constitutional principles.

Nitasha Kaul is a respected academic and currently serves as a professor of International Relations at the University of Westminster in the United Kingdom. She has Kashmiri Pandit roots and has strong academic ties to India.

She studied economics at Shri Ram College of Commerce (SRCC), Delhi University, and later completed a joint PhD in Economics and Philosophy in the UK.

Over the years, she has written extensively on issues related to Kashmir, Indian nationalism, democracy, and Hindutva. Her work is widely read in academic and policy circles, both in India and abroad.

After the revocation of Article 370 of the Indian Constitution, Kaul also testified before the US House Committee on Foreign Affairs, where she spoke about alleged human rights concerns and the situation in Kashmir.

This testimony, according to government sources, formed part of the background for the subsequent action taken against her.

As per media reports, in February 2024, Kaul arrived at the Bengaluru airport to attend a conference titled “Constitution and National Unity”, for which she had been invited by the Karnataka government.

Despite holding a valid UK passport and a valid OCI card, immigration authorities denied her entry into India.

She was detained for nearly 24 hours in a cell at the airport and was later deported back to the United Kingdom, an incident that sparked criticism and debate over the treatment of scholars and dissenting voices.

In May 2025, the Indian government formally revoked her OCI status. The cancellation letter issued to her stated that she had been involved in “anti-India” activities.

It further alleged that her speeches, writings, and public engagements were aimed at questioning and undermining India’s sovereignty, territorial integrity, and national interest. On this basis, the government justified its move to blacklist her and restrict her entry into the country.

Challenging this decision, Kaul has approached the Delhi High Court arguing that her academic work and public commentary are part of her right to free speech and critical inquiry, and cannot be treated as a threat to the nation.

She has contended that the cancellation of her OCI status was done without adequate opportunity of hearing and without following due process of law.

Her writ petition has been filed through advocate Aadil Singh Boparai, who will represent her before the Delhi High Court.

The case is expected to be closely watched as it touches upon the larger debate surrounding dissent, national security, and the rights of overseas citizens of India, especially those engaged in academic and intellectual discourse.

The hearing scheduled before Justice Sachin Datta on November 25 may determine whether the government’s action against Nitasha Kaul stands the test of constitutional scrutiny or whether it violates the principles of fairness and proportionality embedded in Indian law.

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author

Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

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