In a significant ruling on administrative transparency, the Delhi High Court on Tuesday set aside the Central Government’s decision to reject an application by Siddharth Varadarajan, founding editor of The Wire, to convert his Person of Indian Origin (PIO) status to Overseas Citizen of India (OCI) status.
Justice Purushaindra Kumar Kaurav restored the American journalist’s application, stating that the government’s refusal lacked any stated justification. The court has now directed authorities to reconsider the matter and issue a fresh, “reasoned order” in accordance with the law.
During the proceedings, Justice Kaurav noted that the communication sent to Varadarajan did not assign any specific reasons for why his request could not be decided favorably.
“Unless the respondent assigns the reasons, the appellate court may not be able to appreciate (the matter),” the court observed. Emphasizing the necessity of transparency in administrative decisions, the judge remarked that reasons are the “heart and soul of the order.”
The court’s decision came despite a request from the central government counsel for more time to seek instructions. Justice Kaurav asserted that the existing refusal could not be sustained in its current form, orally remarking, “You will have to reconsider this… Pass some reasoned order.”
The legal challenge arose after the Centre turned down Varadarajan’s request on April 2. According to his senior counsel, Varadarajan—an American citizen—is a PIO card holder with deep roots in India. He was born to Indian parents, is married to an Indian citizen, and has been traveling in and out of the country since 1995.
While the Indian government had previously announced that all PIO cards would be automatically deemed OCI cards after 2015, Varadarajan’s specific card remained valid until 2032 but was no longer machine-readable. This technical limitation necessitated a formal conversion application, which the government subsequently rejected without explanation.
The High Court clarified that Varadarajan retains the right to seek further legal remedies should he have any subsequent grievances following the government’s fresh decision.
The matter is far from over. The court has scheduled a follow-up hearing for Wednesday to address a separate plea from Varadarajan requesting permission to travel. The central government counsel has been asked to provide instructions regarding this specific aspect of the case.
