23-01-10. Gujarat High Court on the S G highway in Ahmedabad. Photo by Kevin Antao.
Ahmedabad: Two British nationals who are OCI card holders have filed a PIL in Gujarat High Court complaining about the deteriorated condition of the Indian society. The court sought to know from them and state govt whether an Overseas Citizen of India (OCI), who is apparently not an Indian citizen, can file such a PIL in the high court.
Pankaj Patel and Kim Patel, at present living in Miyagam Karjan in Vadodara district, came from the UK in 2025. After a brief hearing, HC posted further hearing on Dec 7, asking Patel to appear in the courtroom.
He said that when he returned to India, he found it changed. “It has changed to the point that children, women and vulnerable people are living under tyranny in the sense because those in the power are not exercising their power,” he submitted. The bench of acting Chief Justice M R Pathak and Justice Nirzar Desai inquired whether an OCI card holder enjoys the right to move the court with a PIL like an Indian citizen. The judges also inquired about the petitioner’s stay in India. But there is no political right or right to public employment or agricultural property available to him. Such a person requires a special permit to visit certain areas, and there is no dual citizenship. This led the court to question the petitioner, “You are a citizen of another country. What right do you have to interfere with the life of people of India? The petitioner replied that he only meant the welfare of the people. On the issue of whether OCI has a right to file a PIL, the petitioner submitted that he would not withdraw the PIL and the HC may refer the issue to Supreme Court. HC also asked him to give copies of his petition to the authorities he made respondents in his PIL.
They filed the PIL and Pankaj addressed the court virtually on Thursday and tried to explain to the court why he filed the PIL.