OCI Card Case: Delhi High Court Grants Centre Time To Reply To Siddharth Varadarajan's Affidavit On 'Suppression' Of Bail Conditions

The Delhi High Court on Monday (May 25) granted time to the Centre to respond to an affidavit filed by The Wire's Founding Editor Siddharth Varadarajan with regard to omission in disclosing bail conditions imposed upon him by the Allahabad High Court, in his plea seeking an Overseas Citizen of India card. 

For context, Varadarajan had challenged Central Government's order rejecting his request for conversion of his PIO (person of Indian Origin) card to OCI card.

Earlier the high court said that Varadarajan is prima facie guilty of “suppressing material facts”, regarding bail conditions imposed upon him by the Allahabad High Court. The court had then asked Varadarajan to file an affidavit explaining his conduct, while also recalling its earlier order setting aside Central Government's decision rejecting his request for conversion of his PIO card to OCI card.

Justice Purushaindra Kumar Kaurav was informed by Senior Advocate Nitya Ramakrishnan appearing for Varadarajan that the petitioner has filed an affidavit in compliance of the high court's May 14 order. 

At this stage the counsel appearing for the respondents sought time to file a counter affidavit to petitioner's affidavit, pursuant to which the court listed the matter on July 15. 

As the petitioner's counsel sought an early date in July for hearing, the court orally said, "Not possible. The sympathy actually your client has lost by not disclosing the bail..." while adding that the court's observations in the earlier order were "prima facie" in nature. At this stage the petitioner's counsel submitted that the court may consider the circumstances before it makes up its mind.

The Centre had earlier told the high court, that the Allahabad High Court's order of 2020 was “conveniently” suppressed by Varadarajan which expressly put conditions on him that he shall not leave India during the currency of trial without prior permission from the trial Court and that he shall surrender his passport to the trial Court.

The matter is now listed on July 15. 

Title: SIDDHARTH VARADARAJAN v. Union of India