Interim relief to Chetan Ahimsa: Karnataka HC stays OCI cancellation till June 2

In an interim relief to Chetan Kumar alias Chetan Ahimsa, the High Court of Karnataka has directed the Union government not to precipitate the order cancelling the Overseas Citizen of India (OCI) card of the US-born Kannada actor.

Justice M Nagaprasanna said that the protection order would be on the condition that Chetan would file an affidavit of undertaking that he would exercise restraint on tweets about the judiciary and sub judice matters. He will also delete tweets that criticise the judiciary and sub judice matters, the court added.

The Union government cancelled Chetan’s OCI card on March 28, 2023, under sections 7D (b) and 7D (e) of the Citizenship Act, accusing him of "anti-India activities."

The card was issued on November 2, 2018, by the Foreigners Regional Registration Office (FRRO).

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In his petition, Chetan stated that he sought an OCI card because he frequently travels to the US to visit his family. As per the petition, the FRRO, which comes under the Bureau of Immigration, Ministry of Home Affairs, issued him a notice on June 8, 2022, asking him to show cause why his OCI card should not be cancelled.

The notice stated that Chetan’s involvement in "criminal activities had caused hatred and disharmony against various communities in the state and that he had earlier violated all Covid-19 norms." After considering Chetan’s reply dated July 4, 2022, the ministry passed the order on March 28, 2023, cancelling the OCI card.

Senior advocate Aditya Sondhi, appearing for Chetan, contended that the petitioner is entitled to an opportunity for a hearing. He argued that for sections 7D(b) and (e) to apply, the offence must be against the national interest or the acts should be inimical thereof.

The Union government opposed granting any interim protection and said that Chetan is in the habit of tweeting about the judiciary and the matters that are sub judice.

The court observed that the petitioner's acts must be established as inimical to the national interest. The court asked the respondents to file their statements of objection.

"I deem it appropriate, in the facts and circumstances of the case, to direct the respondents not to precipitate the matter qua the OCI card, till the next date of hearing," the court stated and posted the matter to June 2, 2023.