India has decided to cancel a visa in perpetuity for some of the relatives and friends of Wesley Mathews and his wife Sini Mathews, who are in jail for the murder of their adopted child Sherin Mathews, 3, a report in Hindustan Times said.
The government has cited national security concerns as the reason and the impact of the case on relations with a foreign power, the United States, for this precipitate but seemingly unprecedented action, the report noted.
Manoj N Abraham and Nissy T Abraham, Indian American friends of the Mathews family, were among the first to receive a notice of cancellation of the Overseas Citizenship of India (OCI), which they challenged in Delhi high court.
Others on the cancellation list include Wesley and Sini Mathews, and the parents of Wesley in Kochi, Kerala, according to a note sent to the counsel for the ministry of external affairs by the consulate general of India in Houston, Texas, in response to the lawsuit.
‘The decision to revoke the OCI cards of Manoj N Abraham and Missy T Abraham will be communicated to them at the earliest,’ the note, a copy of which is in the possession of Hindustan Times, said. ‘They will also be informed that the Consulate will recommend that their names will be recommended for insertion in the ‘Black List’ maintained by the Government of India at the earliest,’ it added.
The note also makes clear that the action followed instructions from the government of India ‘to look into the matter.’
The Indian consulate in Houston conducted its own inquiries. One official pointed out in a background discussion, ‘something had to be done, this couldn’t go unpunished.’
‘It has come to the knowledge of the Consulate through diplomatic and privileged sources that Manoj Abraham and Nissy T Abraham have been in close contact with the adoptive parents of Sherin Mathews before, during and after the murder,’ the consulate note said explaining the unique action.
But during an interview at the consulate, ‘Abraham … did not cooperate in providing information which could have helped the Consulate General of India or the Government of India to find out more about the circumstances of the murder,’ according to the note, the Hindustan Times report said.
But on September 5, the Delhi High Court struck down the order of the consulate against Manoj Abraham and Nissy Abraham
Justice Vibhu Bakhru heard their petition on August 31, which challenged the ‘order dated 03.05.2018 passed by the Consulate General of India, Houston.’
The Judge commented: ‘....A plain reading of the impugned order indicates that the Vice Consulate General is unclear as to what he seeks to communicate by the impugned order. The first three paragraphs of the impugned order read as a decision; but the last paragraph reads as a show cause notice. This court is, prima facie, of the view that his decision is without application of mind and ought to be set aside on this ground alone.’
Vikas Mahajan, the counsel for the government sought time to respond. The court posted the case for September 5.
In his order dated September 5, the judge noted, ‘Mr Mahajan, now states that the impugned order is a show cause notice and should not be construed as an order of cancellation but a mere show cause notice. A plain reading of the impugned order dated 03.05.2018 gives a clear impression that respondent no.3 has already pre-decided the issue.
‘It also does not indicate the reasons on the basis of which it is proposed to cancel the Overseas Citizens of India (OCI) card issued to the petitioners. In this view, the impugned order dated 03.05.2018 is set aside.
‘In the event, respondents propose to take any action for cancellation of the petitioners’ OCI card they shall ensure that a specific show cause notice is issued to the petitioners clearly indicating the reasons for proposing such action. The petitioners would also be provided with the necessary materials, which is sought to be relied upon by the respondents. It is also clarified that the petitioners would be provided full opportunity to be heard as well.
‘The petition is disposed of in the aforesaid terms. The pending application is also disposed of,’ the judge ordered.
