The Delhi High Court on Tuesday recalled its previous order that had set aside the Union government's decision to deny the conversion of the founder of The Wire's Person of Indian Origin (PIO) status to an Overseas Citizen of India (OCI) card. The court noted that the earlier order was passed without hearing the Centre's side.
Background of the Case
The founder of the news portal The Wire, who is a US citizen, had applied for conversion of his PIO card to an OCI card. The Ministry of Home Affairs (MHA) rejected the application, citing adverse inputs. The founder challenged this decision in the Delhi High Court.
Earlier Court Order
In July, a single-judge bench of Justice Yashwant Varma had set aside the MHA's rejection, directing the government to reconsider the application. The court had observed that the rejection was based on vague and unsubstantiated inputs.
Centre's Plea for Recall
The Centre later approached the court, arguing that the order was passed ex-parte without giving the government an opportunity to present its case. The MHA submitted that the decision involved national security considerations and required a full hearing.
Court's Decision to Recall
After hearing the submissions, Justice Varma recalled the July order, stating that it was passed inadvertently without the Centre's response. The court clarified that the recall does not reflect on the merits of the case and the matter will be heard afresh.
Next Steps
The court has directed the parties to file their responses and listed the matter for further hearing in October. The founder's OCI status remains in limbo until the court decides the case on merits.
This development highlights the procedural complexities in cases involving citizenship and immigration matters, especially when national security concerns are invoked.
