The denial of Overseas Citizens of India status without specific evidence against the applicant violates principles of fairness under the Citizenship Act.

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The Petitioners No. 1 and 2 have preferred the instant writ petition assailing the decisions dated 27th July, 2022 and 29th August, 2022 passed by Respondent No. 1, whereby the applications of the Petitioners for registration as Overseas Citizens of India1 were closed. The Petitioners seek judicial review of these administrative actions, contending that these were made in error and have adversely affected the Petitioners’ legal rights and status in India.

2. Petitioner No. 1 and Petitioner No. 2, her minor son aged nearly 2 years are Russian nationals who are currently residing in India. Petitioner No. 1, acting as the legal guardian and mother of Petitioner No. 2, has initiated this legal action on behalf of both. The writ petition details their residential status in India, substantiated by the possession of Aadhaar Cards, which are used to establish their identity and residency within the country as per the details provided in the petition.

Facts and Contentions

3. Petitioner No. 1 got married to an Indian citizen, Late Mr. Amit Bhardwaj on 30th August, 2019, at Delhi, as per Hindu rites and customs. This marriage was registered under Section 13 of the Special Marriage Act, 1954. The couple’s union was blessed with the birth of Petitioner No. 2 on 19th August, 2021. Since her marriage, Petitioner No. 1 has resided in Delhi with her husband and in-laws, fully integrating into and embracing Indian customs and traditions, thereby establishing deep familial and cultural connections within the country.

4. In recognition of these substantial and enduring ties to India, and in accordance with Section 7A of the Citizenship Act, 19552, which pertains to eligibility for Overseas Citizens of India status, Petitioner No. 1 initiated the process to secure OCI cards for herself and her son in December 2021. All the requisite documents were duly submitted through the official Government of India portal, and the necessary fees were paid. Tragically, her integration into Indian society was marked by sorrow as her husband, Mr. Amit Bhardwaj, passed away on 15th January 2022. This event underscored the urgency and significance of affirming her and her son’s Signature Not Verified Digitally Signed W.P.(C) 436/2023 Page 2 of 16 legal status in India, where they have established their family life and personal ties.

5. On 27th July, 2022, Petitioner No. 1 was confronted with a setback when she received an email from Respondent No. 1, the Foreigners Regional Registration Office [‘FRRO’], under the Ministry of Home Affairs. The said email communicated the closure of her application for registration as an Overseas Citizen of India, citing file reference number INDD0091AN21. The message from FRRO was succinct and provided no explanation or specific reasons for their decision, merely stating:

“Madam,

Refer your application for registration as an Overseas Citizen of India File Ref. No. INDD0091AN21,

In this connection, you are hereby intimated that your above referred OCI application has been “CLOSED” by the competent authority”

6. A subsequent communication on 29th August, 2022, mirrored this response in terms of the OCI application filed on behalf of the minor son, Petitioner No. 2. The message conveyed a similar lack of detail about the reasons for the closure. This second email stated:

“Sir,

Refer your application for registration as an Overseas Citizen of India File Ref. No. INDD00228N22.

In this connection, you are hereby intimated that your above referred OCI application has been “CLOS