The High Court of Karnataka has directed the Union government not to precipitate the matter further, till June 2, the issue of cancellation of Overseas Citizen of India (OCI) card given to Kannada actor Chetan Kumar, if he submits an undertaking stating that he would delete tweets against the judiciary and matters sub-judice, and exercises restraint in tweeting on such matters.
Justice M. Nagaprasanna passed the interim order on April 21 on a petition filed by the actor, who has questioned the legality of the order passed by the Ministry of Home Affairs (MHA) cancelling his OCI card on the allegation that the actor, who is a citizen of the United States by his birth, had indulged in “anti-India activities”.
Four days’ time
Asking him to submit the undertaking within four days, the court made it clear that any violation of the undertaking by the petitioner would result in automatic vacation of the interim protection given to him.
The OCI card was issued to the actor on the application made by him in November, 2018.
However, the Foreigners Regional Registration Office (FRRO) of the Bureau of Immigration, MHA, on June 6, 2022, issued notice to the actor asking him to show cause why the OCI card issued to him should not be cancelled for allegedly involving in the criminal activities of making derogatory, insulting and objectionable remarks, promoting ill-will, hatred or disharmony against a particular community, for violating COVID-19 guidelines, and for making derogatory remarks about the judiciary through Twitter. The petitioner had on July 4, 2022, sent his reply to the notice.
Later, the MHA on March 28, 2023, passed the order cancelling his OCI card, acting under Section 7D(b)- showing disaffection to the Constitution, and 7D(e)-doing things against the sovereignty and integrity of India, of the Citizenship Act.
‘No sufficient ingredient’
Senior advocate Aditya Sondhi, appearing for the actor, contended that there was no sufficient ingredient to cancel the OCI card and the actor should have been given an opportunity of hearing in addition to replying to the notice. The petitioner would likely be deported once the cancellation of OCI card was given effect to, it was pointed out to the court seeking a stay of the cancellation order.
However, Deputy Solicitor-General of India Shanthi Bhushan appearing for FRRO and Additional Advocate-General Aruna Shyam, appearing for the State government opposed grant of any interim relief to the actor, while pointing out that the petitioner was in the habit of tweeting about the judiciary and on matters that were sub-judice.
Observing that the allegations, prime facie, would not meet the ingredients of the provisions of the Act invoked against the petitioner, the court directed the MHA not to precipitate the matter while imposing the condition on the actor that he should give the undertaking.
