Madras HC Upholds US Citizen’s OCI Cancellation, Finding He Preached At Meetings In India Without Required Permission

The petitioner, a United States citizen and OCI cardholder since 2015, challenged the cancellation of his OCI registration under Section 7D of the Citizenship Act, 1955. The cancellation followed a show-cause notice alleging that he had conducted missionary activities in India without the required special permission and promoted religious conversions. He denied those allegations, asserting that he visited India to see his family.

The respondents relied on materials concerning religious meetings and advertisements for his appearances in Tamil Nadu and Andhra Pradesh; the petitioner argued that those materials had not been supplied to him during the show-cause process.

Section 7A of the Citizenship Act empowers the Central Government to register an OCI cardholder subject to prescribed conditions, while Section 7B permits the conferral of specified privileges and Section 7D provides for cancellation of registration on the statutory grounds identified by the Act

Under S.O.1050(E), dated 4 March 2021, an OCI cardholder must obtain special permission to undertake missionary activities in India; undertaking such activities without permission may make the registration liable to cancellation under Section 7D(da)

The principles of natural justice require a real and effective opportunity, including disclosure of relevant material where necessary, but their application depends on the circumstances of the case; the Court considered Ashok Swain v. Union of India and Others, 2025 SCC OnLine Del 2012

Relief under Article 226 is equitable and may be refused where the petitioner’s assertions are contradicted by the material before the Court

The Court considered the respondents’ materials—including advertisements and records of religious meetings—as indicating that the petitioner had addressed gatherings in Tamil Nadu and Andhra Pradesh. It held that preaching religion could constitute missionary activity even absent proof of conversion, and that prior permission was therefore required

Although the petitioner argued that he had not received the supporting materials, the Court distinguished Ashok Swain: rather than disputing particular incidents, he had denied missionary activity altogether and claimed that his visits were solely for family purposes. In the Court’s view, the materials before it contradicted that account, so the circumstances did not warrant a further opportunity to answer each item

It observed that he could apply for a regular visa to visit his mother and could conduct religious activities in India only after obtaining the requisite official permission. No costs were ordered, and the connected miscellaneous petitions were closed