The court ruled that cancellation of OCI card must adhere to principles of natural justice, requiring clear allegations and an opportunity for the cardholder to respond before revocation.

JUDGMENT

Factual Background and Submissions of Respective Counsel

1. The present petition has been filed by the petitioner assailing the order dated 30.07.2023 passed by the respondent no.3/Second Secretary (Consular), Embassy of India, Stockholm, whereby, the petitioner’s registration as Overseas Citizenship of India (‘OCI’) Cardholder has been sought to be cancelled.

2. It is the case of the petitioner that the said order is a non-speaking order, devoid of any reason to exercise the powers under Section 7-D(e) of The Citizenship Act , 1955, and as such cannot withstand the scrutiny of law. It is further averred in the petition that even though the petitioner has been ostensibly blacklisted for anti-India activities and/or spreading detrimental propaganda through his writings and speeches in various public forums, the impugned order is bereft of any specific details as regard thereto.

3. It is emphasized in the petition that the petitioner is a renowned scholar and has been serving as the Professor and Head of Department of the Peace and Conflict Research, Uppsala University, Sweden. It is stated that the petitioner became the first UNESCO Chair of Uppsala University, since his appointment in 2017 as the Chair on International Water Cooperation. Furthermore, the petitioner had been granted citizenship by the Government of Sweden in 2006.

4. It is averred that in his writings/tweets, the petitioner has analyzed and criticized certain policies of the Government, however, mere critique of the policies of the Government shall not tantamount to anti-India activities under Section 7-D(e) of The Citizenship Act , 1955.

5. A notice dated 06.11.2020 came to be initially issued by First Secretary (Consular), Embassy of India to Sweden & Latvia (respondent no.3) which required the petitioner to show cause as to why his registration as an OCI Cardholder be not cancelled on the ground of having indulged in “inflammatory speeches and anti-India activities”. The petitioner was asked to submit his version of the facts with supporting documents, if any, to the Indian Mission at Stockholm within 21 days from the date of receipt of this notice. Pursuant thereto, a reply to the said show cause notice was sent by the petitioner on 25.11.2020, inter alia, stating as under :-

“Thus, it will be only possible for me to reply to the Show Cause Notice if you can kindly provide me the specific speech and alleged activity which you allege to be “Inflammatory speeches” and “anti-India activities”, along with the documents/ evidence complained of.

Otherwise, as a continuation of the above-humble submission, it is requested that the Show Cause Notice may kindly be withdrawn and to allow me to visit my old and ailing mother who lives alone and relies on my support, as well as my parents-in-law in India.”

6. Subsequently, an OCI Cancellation Order dated 08.02.2022 was issued by the respondent no.3 / Counsellor (Consultant & Culture), Embassy of India in Stockholm, stating as under :-

“OCI Cancellation Order

This is with reference to your letter dated 26 November 2020 addressed to the undersigned containing your response to the Show Cause Notice dated 6 November 2020 issued by this Embassy regarding the cancellation of the Overseas Citizen of India (OCI) card issued to you.

The said reply has been examined by the authorities concerned in the Government of India. This is to convey that your reply to the Show Cause Notice has not been found satisfactory.

Therefore, in exercise of powers conferred under the Section 7D(e)of The Citize