IMPORTANT POINT
The authority to cancel an OCI application rests solely with the Central Government, not the FRRO, which acted beyond its jurisdiction.

JUDGMENT :

Valmiki Menezes, J.

Heard Shri A.F. Diniz, learned Senior Advocate, Mr Ryan Menezes, learned Counsel for the Petitioner and Shri Pravin Faldessai, learned Deputy Solicitor General for respondents.

2. Rule. With the consent of the parties, Rule is made returnable forthwith and the petition heard finally.

3. By this petition, the petitioner invokes our jurisdiction under Article 226 of the Constitution of India and throws a challenge to the communication dated 06.06.2024 issued by the Respondent No.2 (FRRO), recording therein that the petitioner's application for grant of Overseas Citizen of India Card (OCI Card), under the Citizenship Act, 1955 is cancelled under Rule 32(2) of the Citizenship Rules, 2009.

The two main contentions raised by the Petitioner, on the basis of which he urges that the impugned communication requires to be quashed are :

(a) That the Respondent No.2 has acted without and/or in excess of power, authority and jurisdiction, and in contravention to the provisions of Section 7A of The Citizenship Act, 1955 (The Act) and Rules 29 to 32 of The Citizenship Rules, 2009; and

(b) That the Respondent No.2 has erred in applying the provisions of Rule 32(2) of the Rules, which, in any event, does not empower Respondent No.2 with the authority to cancel an application for an OCI Card. The impugned communication/order suffers from a lack of jurisdiction and being a non-speaking order, without assigning reasons for cancellation of the application, is arbitrary and in violation of Article 14 of the Constitution of India.

4. Countering the submissions of the Petitioner, the Respondents contend that under the Overseas Citizen of India (OCI) Cardholder scheme, the Respondents follow the procedure laid down in clause 21.2 and 21.3 of the Manual used by the Department; it is submitted that in terms of clause 21.3 of the Manual, the procedure for granting registration as OCI Cardholder, permits the FRRO to grant or reject such application, and it is only in cases where there is adverse information against the applicant after preliminary scrutiny by the FRRO, that prior approval of the Ministry of Home Affairs would be required before grant of registration. It was further contended that in all other cases, if during the verification, any adverse information comes to the knowledge of the FRRO, the FRRO is empowered to reject the application. The Respondents rely upon the extract of Chapter 21 from the said Manual dealing with OCI Cardholder Scheme.

5. We have considered the rival submissions advanced by the learned Counsel on the aforementioned two grounds.

Section 7A of the Act empowers the Central Government, subject to certain conditions and restrictions, to register a person specified under clause (a) to (c) of Sub-section 1 thereof, as an Overseas Citizen of India cardholder. For the purpose of carrying out the provisions of Section 7A, in terms of the power conferred under Section 18 of the Act to make rules, the Central Government has enacted Rules 29 to 35 of the Citizenship Rules, 2009.

Under Rule 29, an application for registration of an OCI cardholder shall be made in Form XXVII, if the person applies for the same in India, to any of the authorities specified in sub-clauses (i) or (ii) of clause (a) of Rule 31, and if such person were to apply for an OCI Card outside India, then the application shall be made to one of the two authorities mentioned under sub-clauses (i) or (ii) of clause (b) of Section 31.

6. After receipt of the application, it is the Central Government who is required to, in terms of sub-rule 1 of Rule 32 to make a preliminary inquiry on the application and scrutinize the same, and on being satisfied that there is no adverse information available against the applicant, register the applicant as an OCI cardholder, not later than a period of 30 days from the receipt of the application. Under sub-rule 2 of Rule 32, the Central Government, may, in case of any adverse information against the applicant, mak