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Synopsis

The Delhi High Court on Monday issued notice in Sweden-based Professor Ashok Swain's plea challenging a fresh order passed by the Central government dated July 30, 2023 cancelling his Overseas Citizen of India (OCI) Card.

Justice Subramonium Prasad directed the Central Government to file reply in the plea. 

The Judge noted that a similar plea was set aside by this court on July 10. It also noted that even on this occasion "no reasons have been given" other than repeating the ingredients of the Sections of the Citizenship Act. 

"Issue notice. File reply within 4 weeks", the court ordered. 

The matter will be heard next on November 9. 

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, Srishti Khanna and Sadiq Noor.

The plea states that Ashok Swain is a well-known academic and researcher and being an Academician, he analyses and criticises certain policies of the present government. “He cannot be made to suffer for his views on the policies of the government. As a scholar it his role in the society to discuss and critique the policies of Government through his work. The Petitioner cannot be witch- hunted for his views on the political dispensation of the current government or their policies. Criticism of certain policies of the government would not amount to being an inflammatory speech or an Anti-India activity”, the plea stated.

"...aggrieved by the high-handedness of the Respondents in cancelling the Overseas Citizenship of the Petitioner by way of a non-speaking Order, devoid of any reason to exercise the powers under Section 7(D)(e) of the Citizenship Act, 1955", the plea read.

The Plea stated that Ashok Swain has an ailing mother aged about 78 years who is suffering from various medical ailments including Diabetes, High Blood Pressure and other age- related ailments. He is the only son, and has not been to India in the past 3 years. Thus, there is an extreme urgency for him to visit India and attend to his ailing mother.

"The Impugned Order is ex-facie illegal and unsustainable insofar as the Respondent has exercised power under section 7D(E) in a mechanical manner, merely on the strength of bald averments that the Petitioner has been spreading detrimental propaganda through his writings; whereas, the Respondent has failed to provide any substantial basis for the same", the plea stated.

"The Impugned Order is nothing but a name-sake attempt at passing a detailed Order as directed by this Hon’ble Court vide order dated 10.07.2023, and the same is bereft of any material particulars/reasons to believe that the activities of the Petitioner are deemed to be inimical to India’s sovereignty, security and integrity and against the public interest", it added.

Notably, on July 10, the High Court had set aside a similar order of the Central government cancelling the Overseas Citizen of India (OCI) Card of Swain while observing that other than repeating Sections as a mantra no reason had been given in the order as to why Swain's registration had been removed. 

Swain was challenging cancellation of his OCI Card by the impugned order dated February 8, 2022. 

"The respondents are directed to pass a detailed order giving the reason for exercising its power under Section 7D(e) of the Citizenship Act. The impugned order is set aside. The respondents are directed to complete the exercise in a period of three weeks from today”, Justice Prasad had then ordered. On perusal of the impugned order, the single-judge bench had observed, “This hardly is an order, doesn’t give any reasons…This hardly gives any indication of the application of mind on the matter. Pass a detailed order with reasons for cancellation”.

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