If the OCI card is revoked by the agencies, an application can be filed under Section 15 of the Citizenship Act before the Ministry of Home Affairs. If the application has been rejected, a petition can be filed before the High Court.Sachin wrote: ↑27 Sep 2023 19:41In that case even verification and withholding of passport becomes a violation of Article 21. For every fundamental right, there are also reasonable restrictions. An OCI Card is just a multiple entry VISA for people who have been once Indian citizens. If the judiciary feels denying OCI card is against Article 21, then why should India even have VISAs? We will have open borders as 'right of liberty' is guaranteed for all and sundry.nandakumar wrote:among other things, that a OCI card confers, is an act of infringement of 'right to liberty' guaranteed under Article 21
My understanding is even Passport is a privilege, given to Indian citizens after due diligence.Yagnasri wrote:Delhi High Court and its orders in the Ashok Swain case only asked GoI to provide reasons for the same.
In the case of Dr Christo Thomas Philip v. Union Of India (2019), the OCI card of the petitioner was canceled on the ground that he was involved in missionary activities in India. The petitioner contended that the allegations are arbitrary and are not based on any evidence and that the order canceling his OCI card should be set aside. The court held that Overseas Citizens of India are entitled to protection under Article 14 and Article 19 of the Constitution of India. It nullified the cancellation of his OCI card and directed the authorities to restore the same. The authorities were also directed to ensure that the petitioner faces no hindrance when entering India.
So still agencies need to have good evidence to cancel OCI. It is not that easy. However, for known terrorists, this should be easy peasy.