Delhi HC Sets Aside OCI Card Cancellation of Professor Ashok Swain

The Delhi High Court on Monday set aside the Central government’s decision to cancel the Overseas Citizen of India (OCI) card of Professor Ashok Swain, an Indian-origin professor based in Sweden.

A single bench of Justice Subramonium Prasad noted that the government’s order invoked Section 7D(e) of the Citizenship Act without providing any specific reasons for revoking Swain’s OCI status.

The Court determined that the decision lacked thoughtful consideration, prompting the directive for the Central government to issue a fresh order with proper reasoning within a three-week period.

“The respondents are directed to pass a detailed order giving reasons for the cancellation of petitioner’s OCI card. The impugned order is set aside the respondents are directed to complete the exercise in three weeks. It is made clear that we have not expressed any opinion on the merits of the case,” the bench stated.

Ashok Swain, a renowned academic and professor specializing in peace and conflict research at Uppsala University in Sweden, has approached the High Court, asserting that his Overseas Citizen of India (OCI) card was revoked in February 2022 due to his critical remarks about the present Indian government.

During the court proceedings, the representative for the Central government stated that Swain’s OCI card was canceled because his activities were deemed “prejudicial to the security and stability of India,” as well as its “sovereignty and integrity,” and “friendly relations with other countries.”

Contrarily, Swain maintained that he had not made any inflammatory speeches and that there were no specific instances or evidence to substantiate the allegations against him.

“It is submitted that the petitioner has never engaged in any inflammatory speeches or Anti-India activities. As a scholar, it his role in the society to discuss and critique the policies of Government through his work,” the plea contended.

“Being an Academician, he analyses and criticises certain policies of the present government, mere criticism of the policies of the current ruling dispensation shall not tantamount to anti-India activities under Section 7D(e) of the Citizenship Act, 1955,” it added.