The Delhi High Court has said that Overseas Citizens of India (OCIs) appear to enjoy the fundamental rights of equality before law, and freedom of speech and expression just like any other Indian citizen.
The court’s observation came while asking the Centre to place before it the material based on which an Intelligence report had recommended cancellation of the OCI registration of a United States-based Indian-origin doctor.
Christo Thomas Philip had challenged cancellation of his OCI registration for alleged missionary activities in Bihar.
Citizenship Act
“In terms of Section 7B [1] of the Citizenship Act, 1955, all rights other than those specified in Sub-Section [2] of the said Section are available to an OCI cardholder. Although, Article 16 of the Constitution is specified in Section 7B [2] of the Act, Articles 14 and 19 are not included. Thus, prima facie, the rights under Article 14 [equality before law] and 19 [freedom of speech and expression] of the Constitution, which are guaranteed to the citizen of India, also appear to be extended to an OCI cardholder,” Justice Vibhu Bakhru said.
The court issued the direction after finding that one of the facts regarding the doctor’s place of birth was “incorrect” in the report and there was no material on record to support the government’s assumption that he was acting as medical missionary — the reason for cancellation of his OCI registration.
“The said report indicates that the petitioner was born in the US. This is stoutly disputed by the petitioner. He states that he was born in Kerala. Thus, one of the factual premise in the intelligence report appears to be incorrect. Although, the report states that the petitioner has been acting as medical missionary, there is no material on record which supports this assumption,” the court said.
OCI was a scheme introduced in response to demands for dual citizenship by Indian diaspora.
