A Division Bench of the High Court of Bombay at Goa comprising of Justice M.S Karnik and Justice Nivedita P. Mehta today adjourned to January 20th further hearing of the Contempt Petition filed by Adv. Aires Rodrigues over the failure of the Ministry of Home Affairs (MHA) to comply with the High Court order to consider and decide within 30 days his application for an Overseas Citizen of India (OCI) card. The High Court has already issued notices to MHA officials on a Contempt of Court Petition filed by Adv. Rodrigues.
Meanwhile, the High Court bench comprising of Justice M.S. Karnik and Justice Valmiki Menezes will be constituted to hear the petition filed by MHA seeking a review of the High Court passed on July 25th last year. A bench of the Supreme Court comprising of Justice J.B. Pardiwala and Justice R. Mahadevan on January 2nd had asked the High Court to hear MHA’s review petition at the earliest.
On 15th May 2023, Adv. Aires Rodrigues obtained a Portuguese Passport in Lisbon and on his return to Goa in the first week of June immediately surrendered his Indian Passport at the Goa Passport Office as was required by law.
After surrendering his Indian passport and obtaining a Surrender Certificate and all the other required documents he applied for his OCI card only to be told by the Foreigners Regional Registration Office (FRRO) at Mumbai that the new rule required six months’ residence in Goa before filing an OCI application.
After completing the requisite six months’ residence, Adv. Rodrigues once again on 25th January last year applied for an OCI card and was given an appointment on 5th of March at FRRO Mumbai for verification of his original documents which was successfully completed on that day and paying the requisite processing fee of Rs 15000. Three months later on 6th June Adv. Rodrigues received a one-line email from FRRO Mumbai that his OCI Application has been cancelled.
Aggrieved by the decision of FRRO, Mumbai, Adv. Rodrigues immediately on 20th June moved the High Court. Adv. Rodrigues in his petition submitted that the decision by FRRO Mumbai to cancel his OCI application was arbitrary, illegal, erroneous, unjust and contrary to law. Adv. Rodrigues further submitted that the mere one sentence decision by FRRO Mumbai without giving any reasons violated the principles of natural justice.
