HC sets aside Centre’s decision refusing to convert The Wire founder’s PIO status to OCI
The Delhi High Court on Tuesday set aside the Centre’s decision rejecting The Wire founding editor Siddharth Varadarajan’s plea seeking conversion of his Person of Indian Origin (PIO) status to Overseas Citizen of India (OCI) and said the refusal was without reason.
Justice Purushaindra Kumar Kaurav restored the American journalist’s application and asked authorities to take a fresh decision on it in accordance with law and pass a reasoned order.
“The court, on perusal of the order, finds that the petitioner’s request for conversion of PIO to OCI has been denied. There are no reasons assigned in the communication as to why the application could not be decided favourably,” said Justice Kaurav.
“Unless the respondent assigns the reasons, the appellate court may not be able to appreciate (the matter). The reasons and heart and soul of the order... The impugned communication is set aside. The petitioner’s application stands restored. Let the same be considered in accordance with law and an appropriate order be passed,” the court ordered. The central Government counsel urged the court to grant her time to take instructions, but the court asserted that the refusal could not be sustained.
“You will have to reconsider this. This order can’t be sustained. Pass some reasoned order,” the court orally remarked.
It clarified that the petitioner can take an appropriate legal remedy in case of any subsequent grievance.
The court listed for hearing on Wednesday Varadarajan’s plea to let him travel and asked the central Government counsel to take instructions as this aspect.
The journalist’s senior counsel submitted that he was a PIO cardholder with roots in India. Although all such cards were automatically deemed to be OCI cards after 2015, his PIO card stopped being readable and he had to apply for conversion, the counsel argued.
She said the Centre turned down the request to convert Varadarajan’s PIO card to OCI and sent the impugned communication to him on April 2.
“He is born to Indian parents. Wife is Indian.. He has been in and out of the country since 1995. PIO card is valid until 2032 but it is not machine-readable,” the counsel submitted.
