Delhi High Court Grants Centre More Time In Ashok Swain Blacklisting Challenge

The Delhi High Court on Wednesday granted the Union government an additional two weeks to file its response to a petition filed by academician Ashok Swain, who has challenged an alleged blacklisting order barring his entry into India.

The matter was heard by Justice Purushaindra Kumar Kaurav, who acceded to the request made by counsel appearing for the Centre seeking more time to file a reply. The Court accordingly extended the timeline and listed the case for further hearing on July 23.

Swain, a professor and head of the Department of Peace and Conflict Research at Uppsala University, has approached the High Court challenging what he describes as an undisclosed blacklisting order purportedly issued under the Foreigners Act. He claims that the order effectively prevents him from entering India despite holding an Overseas Citizen of India status.

The petition traces the dispute back to the cancellation of his OCI card by the Embassy of India to Sweden and Latvia on February 8, 2024, under the Citizenship Act.

Swain contends that the cancellation, along with the alleged blacklisting, was carried out without proper disclosure of reasons or adherence to procedural safeguards mandated by law.

According to the plea, Swain became aware of the blacklisting only through a counter affidavit filed by the Centre in earlier litigation.

He argues that the authorities have failed to provide him with the contents or legal basis of the order, thereby violating principles of natural justice and constitutional protections guaranteed under Articles 14 and 21.

Highlighting personal hardship, Swain submitted that he has been unable to visit India for several years, including during periods when his elderly mother was unwell. He asserts that the restrictions imposed on him are arbitrary and lack transparency, as the government has neither shared evidence nor given him an opportunity to respond effectively.

The petition also challenges what it describes as repeated administrative action by authorities despite earlier judicial interventions.

Notably, the High Court had previously set aside orders cancelling his OCI status on two occasions, granting liberty to the government to initiate fresh proceedings in accordance with law.

Swain alleges that even after such directions, the authorities continued to act on “sweeping and bald allegations” without disclosing material particulars.

In its earlier affidavit, the Centre justified its actions by stating that Swain, a Swedish national and OCI cardholder, had been blacklisted due to his “anti-India writings and inflammatory speeches” that allegedly tarnished the country’s image internationally.

However, Swain disputes these claims, arguing that such allegations have not been substantiated or formally communicated to him.

The petition seeks multiple reliefs, including quashing of the alleged blacklisting order, restoration of his right to enter India using his OCI status, and disclosure of all records relating to the decision.

It also calls upon the Court to examine the legality of the government’s actions in light of constitutional guarantees and statutory requirements.

With the Centre now granted additional time, the matter remains pending before the High Court. The upcoming hearing is expected to address whether the government can justify its actions and whether due process was followed in restricting the petitioner’s entry into the country.

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

With Inputs From: Deccan Herald