Delhi High Court Rules Against Arbitrary Denial of OCI Based on Familial Ties

The Delhi High Court ruled that familial relationships with accused individuals, without solid evidence of complicity, are insufficient grounds to deny Overseas Citizen of India (OCI) registration. The ruling followed a case involving a Russian national and her son, whose OCI applications were denied due to her late husband's legal issues. The court emphasized the need for credible evidence and transparent processes in matters of national security.

The Delhi High Court has declared that mere association or familial ties with an accused individual, without concrete evidence of complicity, do not justify the denial of Overseas Citizen of India (OCI) registration. The ruling arose from a petition filed by a Russian national and her minor son, who sought OCI status following her marriage to a now-deceased Indian national.

The OCI requests were initially rejected as authorities cited a Look-out Circular (LOC) against her deceased husband and her alleged involvement in his scrutinized business activities. However, Justice Sanjeev Narula emphasized that national security claims must be credible and backed by evidence, asserting that arbitrary actions are unacceptable.

The court concluded that there was no direct evidence of wrongdoing by the petitioner herself. It directed authorities to reconsider the OCI applications and the petitioner's visa extension request within eight weeks, ensuring due process and reasonableness as per the Constitution.

(With inputs from agencies.)