SHIRLEY GEORGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, initially an Indian citizen, acquired Australian citizenship in 2006 . As she frequents India often, in July 2008 she also secured an Overseas Citizen of India Card (OCI Card). On 06.01.2016, the petitioner had her Australian Passport renewed, and by then she crossed 50 years,too. So she wanted to have the OCI Card reissued by the Indian Passport Authority. For want of time, she entrusted the paper work to a travel agent, on her visit to India.

(2.) But the travel agent was ignorant about how to get the petitioner's OCI Card reissued; so, mistakenly, he applied for a fresh Indian Passport. On verifying the petitioner's documents, the 2nd respondent authority seized the petitioner's Australian Passport. Indeed, the petitioner's applying for the Indian Passport while she holds an Australian Passport is impermissible--even an offence. Under these circumstances, the petitioner has filed this writ petition. Pending this writ petition, the petitioner has also received the show cause notice (not produced here) from the 2nd respondent.

(3.) In the above factual backdrop, the petitioner's counsel submits that the petitioner, a woman, is an employee in Australia. She had her Australian Passport renewed recently. And with the OCI Card, she enjoys almost all the benefits an Indian citizen enjoys. So there was no occasion for the petitioner to apply for a fresh Indian Passport. Nor has she anything to gain from that attempt. He repeatedly stresses that only for want of time has the petitioner entrusted to the travel agent the task of getting OCI reissued. And that inexperience, ignorant travel agent burgled the issue.