The Madras High Court today set aside an order of Udhagamandalam District Collector directing a lawyer activist attached to a US-based NGO and his family members, who are Overseas Citizen of India (OCI) holding US passports, to leave the country within seven days.
In an urgent sitting on the petition by Gregory Omar Malstead, residing in the country since 2000, Justice K Kalyanasundaram quashed the December 14, 2015 order of the Collector and directed him to pass an appropriate order in accordance with law after giving a personal hearing to the petitioner as expeditiously as possible.
While the petitioner contended that during his 15 years of stay in the country he had not violated any law or indulged in any objectionable activity, the central government submitted that Malstead was 'propagating' his religion under the guise of taking up the cause of exploitation of women and children.
Defending the District Collector's order, senior central government Standing Counsel Rabu Manohar submitted that the petitioner had been propagating his religion under the guise of social activities in Udhagamandalam, a hill resort town.
The Judge directed the petitioner to co-operate with the inquiry. He also made clear that any adverse order against the petitioner shall not be implemented for a period of two weeks.
According to Malstead, he, his wife Rebecca Ann Malstead and two children are overseas citizens of India holding US Passports as per a January 9, 2015 order of the government recognising all Persons of Indian Origin as OCIs.
He is a member of American Bar Association and Georgia State Bar Association.
Initially, he was residing in Mumbai and was a consultant with International Justice Mission (IJM) when the Deputy Commissioner of Police, Special Branch, directed him to leave India immediately on the ground that his activities as a human rights activist amounted to alleged violation of visa rules.
When he challenged it, the Mumbai High Court passed an order that he should be given personal hearing before passing any orders and the matter was put to rest thereafter.
From March 2005, he was residing in Udagamandalam where he later become National Director of Freedom Firm, having registered office at Udagamandalam and a registered trust associated with the Freedom Firm, USA, a not-for-profit company involved in rescue of minors sold into the commercial sex trade, Malstead said.
His chilren were studying in class 10 and 11 respectively in a school in the hill resort town. Whileso, he received the order from the district Collector asking to leave the country within seven days with all his family members.
The petitioner claimed no opportunity was given to him before issuing the order and that he was completely unaware of the reasons for such a directive.
He further contended his work for the social cause of exploited women was appreciated by authorities, including the District Judge and Chief Judicial Magistrate of Udagamandalam.
On receipt of the order, he met the Collector on December 22 and sought more time to leave India citing his children's studies. But the Collector refused to grant any more time.
Malstead claimed the order was passed on the basis that he was a foreigner. However, he was holder of a PIO card which is now deemed to be an OCI card and as such he has the status of a citizen of India and consequently cannot be termed a "foreigner".
