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Synopsis

The Delhi High Court on Thursday sought response from the Central Government on a plea filed by Sweden-based Professor Ashok Swain challenging the cancellation of his Overseas Citizen of India (OCI) Card.

Justice Prathiba M. Singh sought a reply from the Centre within four weeks and listed the matter for February 2023.

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

Swain contends that the impugned order dated February 8, 2020, is ex-facie illegal, arbitrary, and non-est in law. He also submits that he has 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 reads.

Furthermore, the plea states 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.