Can't Allow Country To Be Maligned Internationally: Delhi High Court In Author Amrit Wilson's OCI Card Cancellation Case

The Delhi High Court on Monday asked the Central Government to file its submissions to the plea filed by UK based writer and journalist Amrit Wilson against cancellation of her OCI card.

During the hearing, Justice Purushaindra Kumar Kaurav orally remarked that “we should not be such a tolerant State that we allow our own country to be criticised or maligned at international platform.”

The Court noted that there were reports of the Intelligence Bureau against Wilson, including allegations of her participation in “anti India activities.”

Senior Advocate Trideep Pais representing Wilson submitted that the show cause notice canceling her OCI card was “bereft of any details”, while also defending the allegations of her participation in anti India activities.

The counsel representing the Union Government handed over to the Court a sealed cover envelope giving reasons for cancelling Wilson's OCI card.

The Court then listed the matter in August while directing the Central Government to file its submissions in the case.

Wilson has sought quashing of the order passed by the High Commission of India in London on March 17, 2023. It is her case that the cancellation of her OCI card is ex-facie illegal and arbitrary.

The Indian High Commission had issued a show cause notice to Wilson in November 2022 accusing her of being “engaged in detrimental propaganda against the Indian government” and being involved in “multiple anti–India activities” which pose a threat to the sovereignty and integrity of India and the interest of general public.

It is her case that the show cause notice is arbitrary since it does not provide any material particulars or a summary of specific reasons to substantiate the allegations levelled against her.

She is also aggrieved by non-adjudication of the revision application moved by her on April 17, 2023 pending before the Union Ministry of Home Affairs, despite repeated requests.

“This has prevented her from building a defense and presenting her case qua the specific allegations in the Show Cause notice, which ultimately has resulted in the arbitrary cancellation of her OCI Card,” the plea states.

It has been further contended that as a writer and journalist, it is Wilson's duty to comment on the actions of various governments, including the Indian Government, on the issues concerning human rights. 

Such commentary or criticism is within the ambit of her fundamental rights and the right of the Indian public to receive information, the plea adds.

“Due to the cancellation of the Petitioner's OCI card, she is facing grave hardships and mental agony, as the cancellation has forced her to permanently shut ties with the country of her origin. Moreover, the cancellation of the Petitioner's OCI card has also prevented her from visiting India for a long stretch, where she was to undertake a research project to collate the annotated collection of her mother's writings as a journalist regarding the various facets of Indian society, and for which, she was already in advance talks with publishers,” the petition states.

Title: Amrit Wilson v. Union of India & Ors