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Bombay HC Issues Notice to Centre in Contempt Plea Filed by Adv.Aires Rodrigues

The Bombay High Court at Goa has issued a notice to the central government in response to a contempt petition filed by Advocate Aires Rodrigues. The petition accuses authorities of defying the court’s directive from July 25, 2024, which ordered the Ministry of Home Affairs to swiftly process and decide on Rodrigues' application for an Overseas Citizen of India (OCI) card within 30 days.

In its July 25, 2024 decision, the High Court quashed the FRRO’s rejection of Rodrigues’ OCI application, deeming it an act outside the jurisdiction of the FRRO. The court emphasised that the FRRO lacked the power or delegation from the central government to conduct preliminary inquiries or make decisions on OCI card applications. The order directed the central government to reconsider Rodrigues’ application and issue a fresh order within 30 days.

Senior Advocate A. F. Diniz, representing Mr. Rodrigues, argued that the central government’s failure to comply with the High Court’s order constitutes contempt of court. The authorities have neither processed the application nor provided any fresh decision, despite the clear instructions issued in July.

The central government’s counsel, Raviraj Chodankar, informed the court that the government is in the process of challenging the High Court’s July order before the Supreme Court. He also mentioned that a review petition has been filed.

Taking note of the submissions, the bench, comprising Justice M. S. Karnik and Justice Nivedita P. Mehta, issued a notice to the central government, directing it to file an affidavit in response within two weeks. The matter has been scheduled for the next hearing on November 26, 2024.


Case Details- Adv. Aires Rodrigues v. B.C. Joshi & Ors.

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Asmi Desai

Advocate, High Court

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