The Crossbill News Desk
CPI(M) Rajya Sabha MP John Brittas has strongly criticised the Union Home Ministry’s recent directive that permits cancellation of Overseas Citizenship of India (OCI) status for cardholders who are chargesheeted in offences carrying a sentence of seven years or more.
Calling the order “legally infirm” and “violative of natural justice”, Brittas urged Home Minister Amit Shah to withdraw the notification issued on August 12, 2025.
In a letter addressed to the Home Minister on Wednesday (October 22, 2025), Brittas argued that the move undermines the principle of presumption of innocence and violates constitutional guarantees of due process.
The provision, he said, is “deeply troubling” as it allows punitive action against individuals without judicial determination of guilt.
“Being chargesheeted is not a judicial finding of guilt,” he wrote, referring to Supreme Court and Kerala High Court rulings that uphold presumption of innocence as a fundamental right under Articles 14 and 21.
The MP maintained that any decision affecting OCI cardholders must be based on judicial findings rather than procedural steps in criminal investigations. He warned that the directive had caused unease among the Indian diaspora, who have made significant contributions to the country’s development through remittances, investments, and cultural ties.
India received over $135 billion in remittances in FY 2024–25, accounting for more than 3% of its GDP, he noted.
Brittas further contended that the Home Ministry’s notification went beyond the powers conferred under Section 7D of the Citizenship Act, 1955, terming it an instance of executive overreach.
He reiterated that the government should “review and annul the notification” to uphold constitutional values and reassure the global Indian community.
Calling the order “legally infirm” and “violative of natural justice”, Brittas urged Home Minister Amit Shah to withdraw the notification issued on August 12, 2025.
In a letter addressed to the Home Minister on Wednesday (October 22, 2025), Brittas argued that the move undermines the principle of presumption of innocence and violates constitutional guarantees of due process.
The provision, he said, is “deeply troubling” as it allows punitive action against individuals without judicial determination of guilt.
“Being chargesheeted is not a judicial finding of guilt,” he wrote, referring to Supreme Court and Kerala High Court rulings that uphold presumption of innocence as a fundamental right under Articles 14 and 21.
Charge sheet ≠ conviction. The rule of law and due process cannot be bypassed through executive notifications. Wrote to Hon’ble Home Minister, Shri Amit Shah, raising serious concerns regarding the 12.08.2025 notification on the cancellation of OCI Registration. Mere… pic.twitter.com/MPhJiyPK8w
— John Brittas (@JohnBrittas) October 22, 2025
The MP maintained that any decision affecting OCI cardholders must be based on judicial findings rather than procedural steps in criminal investigations. He warned that the directive had caused unease among the Indian diaspora, who have made significant contributions to the country’s development through remittances, investments, and cultural ties.
India received over $135 billion in remittances in FY 2024–25, accounting for more than 3% of its GDP, he noted.
Brittas further contended that the Home Ministry’s notification went beyond the powers conferred under Section 7D of the Citizenship Act, 1955, terming it an instance of executive overreach.
He reiterated that the government should “review and annul the notification” to uphold constitutional values and reassure the global Indian community.
Comments (0)
Leave a Comment