Delhi HC grants more time to Centre to reply on Ashok Swain’s plea against cancellation of OCI Card

A bench of Justice Prathiba M. Singh of the Delhi High Court on Tuesday granted four weeks' time to the Central government to file its response to Sweden-based Professor Ashok Swain’s plea challenging the cancellation of his Overseas Citizen of India (OCI) Card.

During the hearing, counsel for the Central government sought some more time to file reply to Swain’s plea challenging the cancellation of his OCI card. The matter has been listed for further hearing on April 27.

It is to be noted that in December 2022, the court issued notice and sought reply from the Central Government on the plea filed by Swain.

Ashok Swain is a scholar and presently serving as Professor and Head of department at the Department of Peace and Conflict Research, Uppsala University, Sweden. He is also a UNESCO Chair on International Water Cooperation since 2007.

Swain had moved the High Court through Advocates Aadil Singh Boparai and Sumer Singh Boparai. In his plea, he stated that his OCI card was canceled in February 2022, on the allegation that he indulged in “inflammatory speeches and anti-Indian activities”.

Swain contended that the impugned order dated February 8, 2020, is ex-facie illegal, arbitrary, and non-est in law. He also submitted that he had never been engaged in any inflammatory speeches or anti-India activities.

“As a scholar, it is his role in society to discuss and critique the policies of Government through his work. Being an Academician, he analyses and criticizes 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”, his plea read.

Furthermore, the plea stated that he has an ailing mother of about 77 years old suffering from various medical ailments, such as Diabetes, High Blood Pressure, and other age-related ailments, thus, he has to visit her in India urgently.

Case Title: Ashok Swain v. Union of India & Ors.