Siddharth Varadarajan, the founding editor of The Wire, has submitted an unconditional apology to the Delhi High Court for not disclosing a significant legal order in his petition against the denial of Overseas Citizen of India (OCI) status by the Indian government. The apology comes after the Central government accused Varadarajan of failing to mention an order from the Allahabad High Court dated May 15, 2020, which restricted him from leaving India during an ongoing trial in Ayodhya.
The Allahabad High Court had issued this restriction while granting anticipatory bail in a case against Varadarajan. However, this crucial detail was omitted in his plea before the Delhi High Court, which challenges the government’s decision to deny him an OCI card. Justice Purushaindra Kumar Kaurav of the Delhi High Court, upon being informed by the Central government about the overlooked Allahabad High Court order, mandated Varadarajan to submit an affidavit explaining his actions.
Justice Kaurav also revoked the court’s earlier decision that had annulled the government’s rejection of Varadarajan’s OCI application. In an affidavit dated May 22, Varadarajan acknowledged that the Allahabad High Court’s May 15, 2020 order, which granted him bail, was indeed in effect. He pointed out that the order was issued at the height of the COVID-19 pandemic and that no court summons had yet been served in the criminal case.
Varadarajan clarified that the Allahabad High Court’s directive was applicable only during the “currency of trial,” which has not yet commenced. He emphasized that the trial, which involves mostly bailable offenses with a maximum penalty of three years, has yet to begin as charges have not been framed. He attributed his oversight to the lack of trial commencement and the absence of any travel restrictions imposed over the past six years.
“The long passage of time and absence of any case notifications led to the Allahabad High Court order slipping my mind,” explained Varadarajan in the affidavit. He also noted that neither the Uttar Pradesh state nor the respondents had objected to his international travels, indicating a shared interpretation of the legal conditions.
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Varadarajan stressed that there was no intention to hide the Allahabad High Court order or any facts from the Delhi High Court, revealing that the ongoing Ayodhya case was disclosed to the government when he applied for OCI status.
The matter was revisited in court before Justice Kaurav, where the Central government sought additional time to respond to Varadarajan’s affidavit. Subsequently, the court adjourned the case until July 1.
Varadarajan, a United States citizen, holds a Person of India Origin (PIO) card, which is now invalid following the merger of PIO and OCI schemes. While his PIO card is technically valid until 2032, it is now obsolete for entry or stay in India. Representing Varadarajan are Senior Advocate Nitya Ramakrishna and advocates Archit Krishna, Indronil Choudhry, and Ashutosh Shukla. The Central government is represented by Additional Solicitor General Chetan Sharma along with Central Government Standing Counsel Nishant Gautam and others.
