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2007 Supreme(Bom) 794

SWATANTER KUMAR, S.C.DHARMADHIKARI
Satish Nambiar – Appellant
Versus
Union of India – Respondent


Advocates appeared
Mr. V.T. Tulpule, instructed by Ms. Bharti L. Mahant, for the petitioner.
Mr. B.A. Desai, Additional Solicitor General, assisted by
Mrs. U.V. Kejariwal and Ms. Naveena Kumari for the respondents.

JUDGMENT

Swatanter Kumar, C.J.:

1.Rule. The respondents waive service. By consent, Rule is made returnable forthwith. Heard counsel appearing for parties.

2. The Central Government issued Overseas Citizen of India registration card bearing No. A 0202250 and life long Visa Sticker No. U-020250 dated 18th May, 2006 to the petitioner under the provisions of Section 7A(1) of the Citizenship Act, 1955, which was cancelled in public interest under the provisions of Section 7D (e) of the Citizenship Act vide order dated 14th February, 2007. The petitioner, Shri Satish Nambiar, in this petition challenges the legality and propriety of this order, inter alia, on the following grounds:-

(i) The petitioner was entitled to a hearing prior to passing of the order dated 14th February, 2007, which apparently is prejudicial to his interest; and withdraws the benefits granted to him in accordance with law;

(ii) The impugned order is not preceded by any enquiry and suffers from the element of non-application of mind and arbitrariness;

(iii) The impugned order clearly violates the constitutional mandate of equality before law, and is liable to be set aside.

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