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HC upholds order cancelling OCI card
In Short
Justice D Bharatha Chakravarthy dismissed the petition filed by John Daniel, which also sought direction from the authorities to restore his OCI registration and permit him to enjoy the privileges attached to the registration.
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HC upholds order cancelling OCI card
Chennai: The Madras High Court has upheld an order of the Foreigners Regional Registration Officer, cancelling the Overseas Citizen of India (OCI) registration card, granted to an American citizen of Indian origin for carrying out missionary activities without obtaining permission from the Central government.
Justice D Bharatha Chakravarthy dismissed the petition filed by John Daniel, which also sought direction from the authorities to restore his OCI registration and permit him to enjoy the privileges attached to the registration.
“However, the petitioner will be free to apply for a regular visa to visit his mother. For conduct of meetings and religious purposes, he can carry out his activities in India only upon being granted the requisite permission,” the judge added. During the course of the hearing, John Daniel informed the court that he had not violated any law governing OCI cardholders. He denied the allegations of missionary activities and religious conversions.
In his order, the judge said there was no dispute regarding the petitioner’s eligibility, as his parents were stated to be of Indian origin and, since he was born in America, he was treated and chose to be an American citizen. Accordingly, the registration was rightly granted to the petitioner, he added.
The judge said if the petitioner preaches and undertakes activities to spread the word of ‘God’, such activities would fall within the meaning of missionary activity. Therefore, he ought to have obtained special permission in that regard. He has not obtained such permission.
Therefore, considering the nature of allegations made against the petitioner, the cancellation stands justified, he added. The judge said the petitioner had made a categorical and sweeping statement before this court that he had never been involved in any missionary activities and had visited India only to see his mother, family and friends, “which on its face is a lie”.
The remedy under Article 226 of the Constitution of India was an equitable remedy and cannot be extended in the face of the petitioner’s blatant denial and the materials placed on record before this court, the judge added.
