A U.S. journalist has filed a lawsuit against the Indian government after his Overseas Citizenship of India (OCI) status was revoked following his publication of a critical article about a well-known Indian businessman.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 canceled due to work that allegedly 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 means Satter can no longer visit India, where his family resides.
Under Prime Minister Narendra Modi's leadership, the Bharatiya Janata Party (BJP) government has faced accusations of withdrawing OCI privileges from critics, a move described by Human Rights Watch as "politically motivated repression." Journalists, scholars, and activists have been notably affected, with some being forced to leave India after losing their OCI cards.
The letter Satter received cited his alleged unauthorized journalism and work that supposedly fostered negative opinions about Indian institutions internationally as reasons for the OCI cancellation. Satter, based in Washington D.C., denies conducting journalism in India, stating he only visited for family reasons.
The Indian government did not provide specific details on how Satter's work posed a security threat. However, his lawyers pointed out that the OCI revocation coincided with a defamation lawsuit filed against him in India related to his investigation into the Indian cybersecurity firm Appin and its co-founder Rajat Khare. Satter's report, "How an Indian startup hacked the world," accused Appin of being a "hack-for-hire" entity targeting global elites.
Rajat Khare’s U.S. legal representatives denied any involvement in illegal hacking activities. During his investigation, Satter reported receiving threats from individuals linked to Appin, with one hinting at "diplomatic action" if he continued his reporting.
On the day Satter was notified of his OCI cancellation, a Delhi judge issued an injunction against his story, temporarily removing it from publication. It was reinstated 10 months later. Satter's lawyer, Karuna Nundy, highlighted the timing of these events, noting that defamation is not a valid reason for OCI cancellation under Indian law.
Khare has actively pursued legal action against media outlets reporting on Appin, with at least 15 receiving legal notices and five facing lawsuits. The New Yorker and the Sunday Times are among those targeted, and Khare has also initiated legal proceedings in Switzerland over a related article. Reporters Without Borders called these legal actions "unprecedented."
Satter's case was recently heard in Delhi. In a statement, he expressed that the OCI cancellation has severed his ties with family and a country he deeply respects. He believes the decision was a "mistake or misunderstanding" and only resorted to legal action after receiving no response to his appeal for over a year.
Satter remains hopeful that once the integrity of his journalism is proven in court, his OCI status will be reinstated. The Ministry of Home Affairs has not commented on the case. The Indian government has until the next hearing on May 22 to justify the OCI revocation.
During Modi's decade-long tenure, over 100 OCI cards have been canceled, including that of journalist Aatish Taseer after he criticized the prime minister in Time magazine. Human Rights Watch's Meenakshi Ganguly urged Indian authorities to accept criticism and pursue reforms instead of silencing dissent by revoking residency rights.