Delhi High Court - Orders
Ludmilla Maria Kapitanova vs Consular Officer & Anr on 27 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 830/2021 & CM APPLs. 2114/2021, 11604/2021,
12660/2021
LUDMILLA MARIA KAPITANOVA ..... Petitioner
Through: Mr. Raghav Awasthi, Advocate.
versus
CONSULAR OFFICER & ANR. ..... Respondents
Through: Mr. Ajay Digpaul, CGSC alongwith
Mr. Kamal Digpaul and Ms. Swati
Kwatra, Advocates for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.02.2023
1. This hearing has been done through hybrid mode.
2. This matter has been received on transfer.
3. The present petition has been filed on behalf of the Petitioner - Ludmilla Maria Kapitanova seeking quashing of the decision of the Respondent No.1 - Consular officer, Embassy of India to cancel the Overseas Citizen of India (OCI) status of the Petitioner communicated to her by way of email dated 26th February 2020. The Petitioner submits that she wishes to travel and retain the OCI card.
4. According to the Respondents, the Petitioner is not entitled to the OCI card as she is no longer married to an Indian national or a person holding OCI card.
5. Ld. counsel for the Petitioner submits that at the time when the OCI card was issued, it was fairly disclosed by the Petitioner that she was divorced from her Indian husband.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:28.02.2023 15:58:426. The matter has been received on transfer and would require to be heard.
7. The perusal of this writ petition would show that a notice/ email has been issued on 26th February, 2020 to why the OCI card would not be liable to be issued to the Petitioner. Further, as per the counter affidavit filed by the Respondents, the case is that the OCI card is not cancelled without giving a reasonable opportunity of being heard. The relevant part of the said counter affidavit reads as under:
"That as per proviso to section 7D of the Citizenship Act, 1955, introduced vide the Citizenship (Amendment) Act, 2019, no order under this section cancelling the registration of a person as an Overseas Citizen of India (OCI) cardholder shall be passed unless the OCI cardholder has been given a reasonable opportunity of being heard. Hence in terms of this proviso to section 7D of The Citizenship Act, 1955, a reasonable opportunity shall be given by the Central Government to the petitioner to give her explanation before taking any action to cancel her registration as OCI cardholder and her explanation will be duly considered before taking any decision by the Central Government in the matter."
8. In view of the above stand of the parties, let the Petitioner appear before the Embassy of India in Brussels on the date which may be intimated to her over e-mail. Upon the Petitioner appearing before the Embassy, she can make her submissions and a reasoned shall be passed in respect of her OCI card.
9. In the meantime, if the Petitioner wishes to travel to India, she may apply for visitor visa or business visa which shall be processed expeditiously and the pendency of this writ shall not come in the way her visa application being considered.
10. If any reasoned order is passed in respect of the OCI card, the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:28.02.2023 15:58:42 Petitioner's remedies in respect of the same are left open.
11. Petition is disposed of in these terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J FEBRUARY 27, 2023 Rahul/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:28.02.2023 15:58:42