A U.S. journalist has initiated legal action against the Indian government after losing his Overseas Citizen of India (OCI) status following a critical article about a well-known Indian businessman. Raphael Satter, who reports on cybersecurity for Reuters in the U.S., was informed by India's Ministry of Home Affairs in December 2023 that his OCI card was revoked due to allegedly producing work that damaged India's reputation.
The OCI status, which Satter obtained through marriage, allows individuals of Indian origin or those married to Indian nationals to travel, reside, and work in India without a visa. The revocation of his OCI status now prevents Satter from visiting India, where his family resides.
Under Prime Minister Narendra Modi's Bharatiya Janata Party (BJP) government, there have been accusations of revoking OCI privileges for critics, which Human Rights Watch describes as "politically motivated repression." Journalists, academics, and activists have been notably affected, with some journalists being forced to leave India and academics being denied entry.
The letter Satter received cited his alleged unauthorized journalism in India and work that supposedly created a negative international perception of Indian institutions. Satter, based in Washington D.C., denies conducting journalism in India, stating his visits were solely for family.
Satter's legal team noted that the OCI cancellation coincided with a defamation lawsuit in India related to his article on the Indian cybersecurity firm Appin and its co-founder, Rajat Khare. The article, "How an Indian startup hacked the world," alleged that Appin engaged in global cyber espionage.
Rajat Khare's U.S. legal representatives denied any involvement in illegal activities, asserting that Khare has never participated in or supported such operations. During his investigation, Satter reported receiving threats from individuals linked to Appin, including hints of diplomatic repercussions if he continued his reporting.
On the day Satter's OCI was revoked, a Delhi court ordered the temporary removal of his article, which was later reinstated after ten months. Satter's lawyer, Karuna Nundy, highlighted the timing of these events, arguing that defamation is not a valid reason for OCI cancellation under Indian law.
Khare has pursued legal action against various media outlets that reported on Appin, with at least 15 receiving legal notices and five facing legal proceedings, as per Reporters Without Borders. The New Yorker and the Sunday Times are among those targeted, and Khare has also initiated legal action in Switzerland over a related article.
Satter's case had its first hearing in Delhi this week. In a statement, Satter expressed that the OCI cancellation has severed his ties with family and a country he deeply respects. He believes the decision was a misunderstanding by the Ministry of Home Affairs and hopes to have his OCI reinstated once the integrity of his journalism is proven in court.
The Indian government has until May 22 to respond to Satter's petition and justify the OCI cancellation. Over the past decade, the Modi administration has revoked more than 100 OCI cards, including that of journalist Aatish Taseer after he criticized the prime minister in a Time magazine article.
Meenakshi Ganguly, deputy director of Human Rights Watch's Asia division, stated that Indian authorities should not silence critics by revoking residency rights and should instead accept legitimate criticism and pursue reforms.