Delhi HC Defends India's Sovereignty in OCI Card Cancellation Case
Delhi HC on OCI Card Cancellation: Nation Cannot Be Maligned

Delhi High Court Takes Firm Stand on OCI Card Cancellation Case

The Delhi High Court made a significant statement on Monday, asserting that the nation cannot be permitted to be maligned on international platforms. The court has scheduled a hearing for August 27 to address a petition filed by UK-based journalist Amrit Wilson, who is challenging the cancellation of her Overseas Citizen of India (OCI) card.

Government Presents Intelligence Reports in Sealed Cover

Opposing any interim relief for Wilson, the Central Government submitted a detailed report in a sealed cover before Justice Purushaindra Kumar Kaurav. The government's submission indicated that intelligence agencies had provided inputs against Wilson, which were directly linked to concerns over national sovereignty.

After examining the confidential report, the High Court noted that there were serious allegations against the octogenarian petitioner. The court highlighted claims that Wilson had participated in activities deemed anti-India in nature.

Court's Strong Remarks on National Tolerance

Justice Kaurav delivered pointed remarks during the proceedings, stating, "We should not be such a tolerant state that we allow our own country to be criticised, maligned on an international platform. There are some IB reports against you. There are not only tweets. There are allegations that you participated in anti-India activities."

The judge's comments underscored the court's position that while tolerance is important, it cannot extend to activities perceived as threatening India's sovereignty and international reputation.

Wilson's Legal Team Challenges Government Claims

Wilson's counsel vigorously contested the Centre's allegations during the hearing. The legal representative questioned the validity of claims regarding Wilson's participation in anti-India activities and argued that the show-cause notice issued to her lacked specific details and substantiation.

The counsel emphasized that the notice was fundamentally arbitrary because it failed to provide material particulars or a summary of specific reasons to support the serious allegations leveled against the journalist.

Background of the OCI Card Cancellation

The government cancelled Wilson's OCI card in 2023, citing her alleged engagement in "detrimental propaganda against the Indian government." According to official statements, Wilson was accused of being involved in multiple anti-India activities that posed a threat to the sovereignty and integrity of India, as well as the interest of the general public.

The Indian High Commission in London had initially issued a show-cause notice to Wilson in November 2022. This notice specifically accused her of activities that could undermine national security and public interest.

Wilson's Petition and Legal Arguments

In her petition before the Delhi High Court, Wilson has contended that the March 17, 2023 order cancelling her OCI card was ex facie illegal and arbitrary. She argued that the decision was made by the Indian High Commission in what she described as a mechanical manner, without proper application of mind and in complete violation of the principles of natural justice.

The petition further detailed that the show-cause notice failed to meet basic legal standards by not providing adequate information about the specific allegations or evidence against her.

Next Steps in the Legal Proceedings

The High Court has directed both parties to file comprehensive written submissions ahead of the scheduled hearing on August 27. This procedural step will allow both the government and Wilson's legal team to formally present their arguments and evidence before the court makes any further determinations in this sensitive case.

The upcoming hearing is expected to address fundamental questions about the balance between individual rights and national security concerns, particularly in cases involving overseas citizens and their engagement with India's international image.