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This is an archive article published on April 25, 2023

Karnataka HC stays cancellation of actor Chetan Kumar’s OCI card

Justice M Nagaprasanna noted that the Kannada actor's OCI card was cancelled on the basis of alleged anti-India activities. 

chetan kumarChetan Kumar's response to the notice was rejected and his card was cancelled on grounds of disaffection to the Constitution and action against the sovereignty and integrity of India. (File)
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Karnataka HC stays cancellation of actor Chetan Kumar’s OCI card
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A single-judge bench of the Karnataka High Court, in a hearing on April 21, stayed the cancellation of Kannada actor Chetan Kumar’s Overseas Citizen of India (OCI) card.

Justice M Nagaprasanna noted that the cancellation was based on an order dated March 28 over alleged anti-India activities. Kumar’s counsel had argued that he was involved in social work, including helping a large number of people during the Covid-19 lockdown, and he had been granted the OCI card as he frequently travelled abroad to visit his family members in the USA.

The bench noted that prima facie, the sections cited in the show-cause notice did not match with the elements of the alleged offence, hence the respondent – that is the government – would have to justify the same in their statement of objections.

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Further, Kumar was directed to furnish an affidavit stating that he will not tweet against the judiciary or regarding matters sub judice, and that any existing tweets would be deleted. The protection would cease to exist if these conditions are violated.

Kumar had been sent a show-cause notice on June 8, 2022 for the cancellation of the OCI card alleging “involvement in criminal activities caused hatred and disharmony against the communities in the State; he had earlier violated all COVID norms and therefore, the card was sought to be cancelled invoking Section 7D(b) and 7D(e) of the Citizenship Act, 1955.”

Chetan Kumar’s response to the notice was rejected and his card was cancelled on grounds of disaffection to the Constitution and action against the sovereignty and integrity of India.

The counsel for the petitioner argued that apart from the show-cause notice, his client should be entitled to a hearing. It was also argued that if the cancellation was not stayed, Kumar would be vulnerable to deportation.

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