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India Today
16 hours ago
- Politics
- India Today
How govt revoked OCI card of US journalist Raphael Satter for ‘anti-India bias'
In a case that pits the sovereignty of the Indian state against global norms of press freedom, the Union government has firmly defended its decision to revoke the Overseas Citizen of India (OCI) card of US-based journalist Raphael an affidavit filed before the Delhi High Court last week, the ministry of home affairs (MHA) claimed the move was based on intelligence inputs that flagged Satter for allegedly 'maliciously creating adverse and biased opinions against Indian institutions' in the global arena through his reporting. A discreet Look Out Circular (LOC) had also been issued against him, the government government claimed that before initiating cancellation of OCI proceedings, the MHA had consulted security agencies and the ministry of external affairs (MEA), and also examined the activities of Satter in the light of reports received from security affidavit, filed by I.G. Muthuraja, director in the Foreigners Division of the MHA on May 24, further asserted India's sovereign right to deny entry to any foreign national deemed undesirable, regardless of visa status. 'Entry into a country's territory is not a matter of right,' the government stated, reinforcing its position that holding an OCI card does not guarantee unrestricted access. The affidavit stated it was brought to the notice of the MHA through security agencies that Satter had attended the Nullcon Conference in Goa on September 10, 2022. The focus of the conference was to showcase the next generation of offensive and defensive security technology. Without necessary permission, he attended the conference and conducted journalistic activities, thus violating the provision of Para (1) (1) of the MHA's notification S.O. 1050 (E) dated March 4, is germane to mention here that OCI cardholders or other foreigners visiting India are supposed to adhere to the laws of the country, i.e. the activities which are prohibited for them under the category of VISA or OCI guidelines,' the government affidavit stated, adding that an OCI cardholder is a foreigner and that the OCI card is a life-long visa issued to such a foreigner. Every country has a sovereign right to refuse entry into its territory to any individual whom it may consider undesirable, and informing about the same inasmuch as entry into any country's territory is not a matter of right, even if the person holds a valid was also informed that Indian citizens are guaranteed the Fundamental Right to Freedom of Speech and Expression and Fundamental Right to Free Movement under Article 19 of the Constitution of India. However, foreigners or citizens of other countries are not entitled to such rights. Since OCI cardholders are foreigners and citizens of another country, they cannot claim Right to Free Speech/Movement and protest under Article 19 of the was pointed out that the legal position on this aspect is not uniform in all countries, but so far, the law which operates in India is concerned, the executive government has an unrestricted right to expel a foreigner. So far as the right to be heard is concerned, there cannot be any hard and fast rule about the manner in which a person concerned has to be given an opportunity to place his case and it is not claimed that if the authority concerned had served a notice before passing the impugned order, the petitioners could have produced some relevant material in support of their claim of acquisition of citizenship, which they failed to do in the absence of a was claimed that before initiating cancellation of OCI proceedings, the MHA had consulted security agencies and MEA and also examined the activities of Satter in view of reports received from security agencies, MEA and provisions under Sections 7D (da) and 7D (e) of The Citizenship Act, 1955, wherein the OCI card of the petitioner was found liable to be cancelled. Therefore, on June 12, 2023, the MHA served a 'notice' to the petitioner through the Indian High Commission in Washington DC to show cause as to why his OCI Card may not be is submitted that the reports received from security agencies are 'Secret' in nature, therefore, it cannot be disclosed to the (7D) The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that:(da) The Overseas Citizen of India cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the central government in the notification published.(e) it is necessary so to do in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general government maintained that though Satter made repeated representations claiming that he did not carry any journalistic activities, he has not submitted anything which proves that he has not done any journalistic activities and was also unable to submit his whereabouts and activities during his visit to India.'It has been reported by security agencies that Raphael Satter has been noted for acts of maliciously creating adverse and biased opinion against Indian institutions in the international arena through his journalistic activities, and a discreet LOC was opened against him,' the government informed the Delhi High high court was informed that in the personal hearing, Satter, through his representatives, claimed that after obtaining his OCI Card, he had visited India only once and had not engaged in any journalistic activities, such as interviews, news events, or taken any photos, nor published any articles during his visit to India. In addition, Satter has cited eight court judgments to support his argument that detailed reasons for the cancellation of an OCI Card need to be furnished when exercising powers under Section 7D of the Citizenship Act, 1955. Further, he stated that no proof has been submitted (i) on the allegation of conducting journalistic activities without special permission (ii) on the allegation of maliciously creating adverse and biased opinion against Indian institutions in the international government has made it clear that the OCI card is a lifelong visa granted to a foreign national of Indian origin or their relatives. The grant of visa is plenary sovereign function of the central government. 'The foreign national cannot claim services as a matter of right as per their convenience. Visa service is meant only for those foreign nationals who intent to arrive/ stay/ depart in/ from India legally and follow Indian laws and rules.'advertisementSubscribe to India Today Magazine
Mint
26-05-2025
- Business
- Mint
Can an OCI holder lend to their Indian company?
I'm a German citizen and an OCI (Overseas Citizen of India) cardholder. I co-promoted an Indian private limited company in 2010 with an Indian business family in a 50:50 shareholding ratio, and all FDI compliance was completed at the time. The company manufactures automobile spare parts and is currently in expansion mode. We plan to lend funds to the company in the same 50:50 ratio. Am I allowed to do this under Indian law, and what would the implications be? —Name withheld on request Yes, under Indian regulations, you may lend to the company, but there are specific conditions you must comply with as a non-resident shareholder. Indian company law permits loans from shareholders, directors, or their relatives, subject to certain conditions. In your case, as a shareholder, you can lend to the company, provided the loan amount does not exceed 100% of the company's net worth. Since you are a non-resident, any loan you extend will be treated as an External Commercial Borrowing (ECB) under India's foreign exchange laws. As you own more than 25% equity in the company, you qualify as an eligible lender. However, ECBs must adhere to specific conditions such as: Minimum average maturity period Caps on interest rates End-use restrictions Reporting and compliance with the Reserve Bank of India (RBI) You'll need to ensure the loan terms align with these RBI regulations before proceeding. If the loan is interest-bearing, the interest you earn is taxable in India at 20% plus applicable surcharge and cess under domestic law. However, as a German tax resident, you can opt to be taxed under the India-Germany Double Taxation Avoidance Agreement (DTAA). Under Article 11 of the DTAA, interest income is taxed in India at a reduced rate of 10%. This is likely more favourable than the standard Indian tax rate. To claim DTAA benefits, the Indian company must obtain from you: A valid Tax Residency Certificate (TRC) from Germany A self-declaration and other relevant documentation If interest income is your only source of income from India and tax has been correctly deducted at source, you are not required to file a tax return in India. However, if you choose to avail the DTAA benefit and your interest income exceeds the basic exemption limit, filing a return becomes mandatory, even if TDS has been deducted. Since the loan is between a resident and a non-resident related party, transfer pricing regulations under Indian tax law may apply. This means the interest rate must be benchmarked against arm's length pricing, and documentation must be maintained to substantiate this. Harshal Bhuta, Partner, P. R. Bhuta & Co. CAs
New Indian Express
25-05-2025
- Politics
- New Indian Express
'OCI card valid ID for legal heirship': Madras HC
CHENNAI: The Madras HC has ruled that the Overseas Citizen of India (OCI) card/ booklet is a valid identity document that could be used for obtaining legal heir certificate in India. Justice D Bharatha Chakravarthy, in a recent order, said as per the Union government's notification, state governments should ensure the OCI registration booklets of Overseas Indians are treated as valid identification for any services. The ruling was given on the petition filed by Manel Amrithkala, an OCI, seeking a direction to the Egmore tahsildar to process her application for legal heir certificate by accepting the OCI card/booklet as identification document as her husband, Dr S Subramaniam, died on March 5. The petitioner said she has been living abroad and do not possess an Aadhar card or any other locally issued ID. The online portal for legal heir certificate is not accepting their application. The judge directed the tahsildar to process her application in accordance with the law and pass appropriate orders within four weeks by treating the OCI card/ booklet as an identity document.
The Wire
22-05-2025
- Politics
- The Wire
Modi Govt Revoked 57 OCI Cards in 2024, Nearly Half of All Cancellations in 10 Years: Report
Raphael Satter, Nitisha Kaul and Ashok Swain. Illustration via Canva Real journalism holds power accountable Since 2015, The Wire has done just that. But we can continue only with your support. Contribute Now New Delhi: Cancellation of Overseas Citizenship of India (OCI) registrations spiked in 2024 with the Union home ministry cancelling as many as 57 OCI cards in 2024 alone. The cancellations in 2024 were nearly half the total number of OCI cancellations in the past decade, data obtained by The Hindu under the Right to Information Act shows. The Union government revoked the OCI status of individuals under Section 7D of the Citizenship Act, 1955. The section states that the Union government may cancel OCI registration on the following grounds: the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; Between 2014-2023, the Union government cancelled 122 OCI registrations under section 7D; 57 in 2024 and 15 in 2025 as of May 19, the report said. Earlier this week, Nitasha Kaul, a London-based academic who has been critical of the Modi government, said that the latter revoked her OCI status. 'Through your numerous inimical writings, speeches, and journalistic activities at various international forums and on social media platforms, you regularly target India and its institutions on the matters of India's sovereignty,' the Union government's notice to Kaul said. She has called the move a 'vindictive' and 'cruel' example of 'transnational repression'. Watch | My OCI was Cancelled Twice by the Government and Restored Both Times by the Courts: Ashok Swain OCI status grants foreign nationals of Indian provenance certain benefits, including a 'multiple-entry, multi-purpose lifelong visa to visit India'. It has been noted that the Modi government has revoked the OCI status of various critics over the last few years. In 2021, the Union government introduced an additional permit that journalists, missionaries and mountaineers require alongside their OCI registration. There have been several notable OCI cancellations including that of French journalist Vanessa Dougnac (2024), Sweden-based academic Ashok Swain (2023) and American journalist Raphael Satter (2023). In the case of Dougnac and Swain, the court set aside the government's decision and asked the government reinstate their OCI status. Satter's case is being heard in the court.
Indian Express
19-05-2025
- Business
- Indian Express
User-friendly interface, seamless registration: Shah launches revamped OCI portal
UNION HOME Minister Amit Shah on Monday launched the revamped Overseas Citizen of India (OCI) portal and said its updated user interface will simplify the registration process for overseas citizens. Shah said under the leadership of Prime Minister Narendra Modi, India is continuously striving to provide world-class immigration facilities to its OCI cardholders. He stressed that many Indian-origin citizens reside in various countries worldwide, 'and we must ensure they face no inconvenience when visiting or staying in India'. 'The new portal will provide enhanced functionality, advanced security and a user-friendly experience for the existing over five million OCI cardholders and new users. The new OCI portal is available at the existing URL: a MHA spokesperson said. According to the MHA, the OCI scheme was introduced through an amendment to the Citizenship Act, 1955, in 2005. 'The scheme provides for the registration of Persons of Indian Origin as Overseas Citizens of India, provided they were citizens of India on or after January 26, 1950, or were eligible to become citizens on that date. However, individuals who are or had been or whose parents or grandparents or great grandparents are citizens of Pakistan or Bangladesh are not eligible,' the spokesperson said. 'The existing OCI services portal was developed in 2013 and is currently operational in over 180 Indian missions abroad as well as 12 Foreigners Regional Registration Offices (FRROs), processing approximately 2,000 applications per day. Given the significant technological advancements over the past decade and the feedback received from OCI cardholders, a revamped portal has been developed to address the existing limitations and enhance user experience,' the spokesperson said. Explaining some of the key user-friendly features of the new OCI portal, the spokesperson said it has a user sign-up and segregation of registration menu, auto-fill of user profile details in registration forms, dashboard displaying completed and partially filled applications, integrated online payment gateway for those who filed in FRROs. 'It also has seamless navigation across application steps, categorisation of requisite documents to upload based on application type, editing option to the applicant at any stage before submission, integrated FAQ in the portal, reminder to the applicant to verify information before final submission, display of eligibility criteria and requisite documents based on selected application type, in-built image cropping tool for uploading applicant photos and signatures,' the spokesperson said. Mahender Singh Manral is an Assistant Editor with the national bureau of The Indian Express. He is known for his impactful and breaking stories. He covers the Ministry of Home Affairs, Investigative Agencies, National Investigative Agency, Central Bureau of Investigation, Law Enforcement Agencies, Paramilitary Forces, and internal security. Prior to this, Manral had extensively reported on city-based crime stories along with that he also covered the anti-corruption branch of the Delhi government for a decade. He is known for his knack for News and a detailed understanding of stories. He also worked with Mail Today as a senior correspondent for eleven months. He has also worked with The Pioneer for two years where he was exclusively covering crime beat. During his initial days of the career he also worked with The Statesman newspaper in the national capital, where he was entrusted with beats like crime, education, and the Delhi Jal Board. A graduate in Mass Communication, Manral is always in search of stories that impact lives. ... Read More
