Court says preaching at religious gatherings in Tamil Nadu and Andhra Pradesh without prior special permission violated Citizenship Act conditions; allows petitioner to seek regular visa for family visits
The Madras High Court has upheld the cancellation of the Overseas Citizen of India (OCI) registration of John Daniel, a United States citizen, after finding that he had undertaken missionary activities in India without obtaining the mandatory prior permission from authorities.
In a judgment delivered on 26 October 2026, Justice D. Bharatha Chakravarthy dismissed Daniel’s writ petition challenging a 4 September 2026 order passed under Section 7D of the Citizenship Act, 1955. The impugned order had cancelled his OCI registration on the ground that he misused the OCI facility to engage in religious and evangelical activities in India.
Daniel had argued that he visited India mainly for personal and family reasons, especially to see his 92-year-old mother and other relatives living in Chennai, Hyderabad, Vijayawada, Coimbatore, Salem and elsewhere. He also claimed long-standing personal ties with India, including schooling in Ooty and family graves in Chennai. He denied allegations that he had engaged in missionary work or promoted religious conversions.
The petitioner further contended that the authorities had failed to provide him with the documents and materials relied upon before cancelling his OCI card, thereby violating principles of natural justice. Relying on the Delhi High Court’s decision in Ashok Swain v. Union of India, he argued that he was entitled to a real and effective opportunity to defend himself against specific allegations.
However, the Union government placed before the court a set of materials showing Daniel’s involvement in religious meetings in India. These included internet-based material, posters and advertisements for religious events, including a “Good News for All” programme at LEF Church in Tenali, Andhra Pradesh, where Daniel was advertised as a speaker. The government also produced material relating to religious meetings held in Andhra Pradesh in 2018 and 2019, along with complaints alleging that he regularly visited India for missionary work.
The court noted that the petitioner was allegedly associated with the Laymen’s Evangelical Fellowship International and that the material on record showed him addressing congregations and spreading the “Word of God” in multiple meetings in Tamil Nadu and Andhra Pradesh.
Justice Chakravarthy held that under Notification S.O.1050(E), issued under Section 7B of the Citizenship Act, OCI cardholders may visit India for any purpose on a lifelong multiple-entry visa, but they must obtain prior special permission for missionary, public, mountaineering or journalistic activities. The court ruled that preaching and spreading religious messages clearly fall within the meaning of “missionary activity”.
Since Daniel had not obtained the required special permission, the court found that the cancellation of his OCI registration under Section 7D(da) was justified.
On the question of natural justice, the court observed that such principles are not a “straight-jacket formula” and must be applied based on the facts of each case. It said that Daniel had not specifically disputed particular incidents but had instead made a sweeping denial that he ever engaged in missionary activity in India. In contrast, the materials produced by the government showed repeated religious preaching engagements and public invitations to attend his meetings.
The court made a strong observation that while Daniel claimed he came to India only to visit his mother and relatives, the evidence on record indicated otherwise. It held that a person seeking relief under Article 226 of the Constitution must approach the court fairly, and equitable relief could not be granted in the face of what it described as a “blatant, bald denial” contrary to the available material.
While dismissing the writ petition, the court gave Daniel limited relief by clarifying that he remains free to apply for a regular visa if he wishes to visit his mother. It also said that if he intends to conduct religious meetings or similar activities in India, he may do so only after obtaining the requisite official permission.
The ruling reinforces that OCI status, though conferring substantial travel and residency privileges, remains subject to statutory conditions imposed by the Government of India, especially in sensitive areas such as missionary activity.
Bottom Line:
Citizenship Act, 1955 - Cancellation of OCI registration - OCI cardholder undertaking missionary activities in India without prior special permission as required under notification issued under Section 7B - Cancellation justified - In facts of case, plea of violation of natural justice rejected where petitioner made wholesale denial and materials on record showed repeated religious preaching activities.
Statutory provision(s): Citizenship Act, 1955 Sections 7B, 7D, Section 7D(da), Section 7D(e), Constitution of India Article 226.
John Daniel v. Union of India, (Madras) : Law Finder Doc id # 3003699
