The Delhi High Court has disposed of a writ petition challenging the cancellation of an Overseas Citizen of India (OCI) card, holding that the impugned order suffered from a clear absence of reasons, and directing the Union Government to reconsider the petitioner’s reply and pass a reasoned decision in accordance with law.
The petitioner’s OCI card had been cancelled under Section 7D(e) of the Citizenship Act, 1955, following a show cause notice alleging his involvement in “multiple anti-Indian activities which are inimical to the interest of the sovereignty and integrity of India, the security of India and to the interest of the general public”. The petitioner challenged the cancellation on the ground that despite submitting a detailed reply denying the allegations and highlighting his philanthropic activities, the impugned order did not deal with his defence or disclose any reasons.
Accepting the challenge, the Court noted that authorities did not record any reasons for the action taken. The Court emphasised that even where the State seeks to withhold reasons on grounds of privilege, “even that aspect must explicitly be stated in the order while claiming privilege over the information.”
The court referred to Kranti Associates Pvt. Ltd. v. Masood Ahmed Khan, (2010) 9 SCC 496, where it was held that recording reasons is an essential component of fairness and accountability in decision-making.
While refraining from expressing any opinion on the merits of the allegations against the petitioner, the Court disposed of the writ petition with directions to the respondents to consider the petitioner’s reply in accordance with law with due expedition and, if they still decide to cancel the OCI card, to assign reasons, with any claim of privilege being clearly stated in the order itself.
Appearances
Petitioner- Dr. Amit George, Mr. Febin Mathew Varghese, Mr. Dhiraj Abraham Phillip, and Mr. Kartikay Puneesh, Advs.
Respondents- Ms Arunima Dwivedi CGSC with Mr Amit Acharya GP, Ms Swati and Ms Monalisha, Advs.
