On 13th August, a bench of Delhi High Court consisting of Justice Pratibha M. Singh while hearing a petition regarding the cancellation of the Overseas Citizen of India card asked the learned ASG that keeping in mind the educational qualifications and credentials of the Petitioner, the authorities should reconsider the application of the Petitioner for a fresh OCI card. The Petitioner was thus permitted to apply for an OCI card afresh.

Facts of the case:

The present petition has been filed by the Petitioner seeking quashing of order dated 7th February, 2020 cancelling his Overseas Citizen of India card. On 2nd March, 2019, when the Petitioner reached Mumbai by Qatar Airways, he was stopped at the Airport. His OCI card was confiscated and he was deported back. The case of the Petitioner is that the confiscation of his OCI card is completely contrary to law.

Contention of the petition:

The following contention has been submitted by the petitioner:

  1. The Petitioner contended that the confiscation of his OCI card is completely contrary to law.
  2. The petitioner argued that he was supplied a supplied a communication dated 23rd November, 2016, which was a letter exchanged between the Ministry of Home Affairs and the F.R.R.O., Mumbai, in which the F.R.R.O. was directed to cancel the Petitioner’s OCI card. However,  there were no reasons mentioned as to why the Petitioner’s OCI card was being cancelled.

Contention of the respondent:

Mr. Chetan Sharma ld. ASG along with Ms. Nidhi Raman, ld. Counsel for the respondent relies on the following contention:

  1. It was submitted that the Petitioner “had come to adverse in the year 2014” and hence, his OCI card was cancelled.
  2. The counsel also relied upon some material filed in a sealed cover before the Court to justify the `adverse remark’ against the Petitioner.

Judgement of the court:

  1. Having perused the status report of the Union of India and also the document placed on record by the Petitioner, before going into the merits or demerits of the allegations raised and the contentions of the parties, the Court put it to the Ld. ASG as to whether keeping in mind the educational qualifications and credentials of the Petitioner, the authorities would reconsider the application of the Petitioner for a fresh OCI card. The answer was in the affirmative.
  2. The Petitioner was also permitted to apply for an OCI card afresh. The authorities were given the take a fresh look at the Petitioner’s application, without being affected by the previous cancellation in any manner whatsoever.

Thus while allowing the petition the court directed that the petitioner’s application be considered and processed in accordance with law. The decision on the Petitioner’s application shall be taken on or before 25th September, 2021.

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