UNION OF INDIA Vs. SAVITHA KUMAR

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original respondent in W.P.(C) 8455/2018. Though the notice was issued and served upon the respondent, but nobody has appeared in this appeal.

(2.) We have heard the counsel for the appellant who has submitted that the original petitioner, who is respondent in this appeal, is an Overseas Citizen of India as defined under Section 2 (ee) of The Citizenship Act, 1955 (hereinafter referred to as Rs. the Act'). It is further submitted by the counsel for appellant (original respondent) that his entry in India was prohibited/blacklisted and hence, the writ petition was preferred by the respondent. During the pendency of the writ petition, the blacklisting order was withdrawn and hence the grievance, ventilated in the writ petition, has been brought to an end. The learned Single Judge has observed in the interim order dated 21st August, 2018 in W.P.(C) 8455/2018 in paras 4 and 5 as under:

(3.) It is further submitted by the counsel for appellant that no order, under Section 7D of the Act, 1955, cancelling the registration as Overseas Citizen of India cardholder, was ever passed by this appellant and therefore, in the writ petition, there was no challenge by the original petitioner for any order under Section 7D of the Act, 1955 and hence, the observations in paras 4 and 5 of the order dated 21st August, 2018 in W.P.(C) 8455/2018 was not warranted at all. Even otherwise also, there is no need to give intimation to Overseas Citizen of India cardholders in case of cancellation, for variety of reasons stated in Section 7D of the Act, 1955. All such orders under Section 7D are in the interest of the sovereignty and integrity of India. Sometimes prior intimation is not possible because of various developments in the facts and circumstances of each case. No hard and fast rule can be framed for prior intimation because there is no such statutory requirement. Union of India has the power, jurisdiction and authority to protect the sovereignty and integrity of India and what is done for the sovereignty and integrity of India is not required to be intimated to the concerned person. Such a decision can be made known to the parties when they arrive at a seaport or airport or by any other route in India and hence, observations made by the learned Single Judge in paras 4 and 5 of the order dated 21st August, 2018 in W.P.(C) 8455/2018, so far as they affect the powers of this appellant ? Union of India, may be deleted, especially for cancellation of registration of Overseas Citizen of India cardholders.