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Swain, a Swedish academic of Indian origin and a professor at Uppsala University, Sweden, had expressed grievance over the single judge's observation, which noted that some of his tweets appeared prima facie to contain “objectionable” insinuations. The judge remarked that such content could be construed as undermining the constitutional framework and legitimacy of the Indian state.
The Delhi High Court, on Wednesday, heard the petition filed by academician Ashok Swain, who sought the removal of certain observations made by a single judge concerning his petition against the cancellation of his Overseas Citizenship of India (OCI) card.
The bench of Chief Justice D. K. Upadhyaya and Justice Tushar Rao Gedela observed that the findings made by the Single Judge were only prima facie and not conclusive. The court emphasized that such observations should not prejudice the final outcome and must be viewed in the context of their preliminary nature.
The court noted that the single judge had already clarified in the March 28, 2024, judgment that those remarks should not be considered as the court’s final opinion on the merits of the allegations made against Swain. The bench emphasized that the observations were only prima facie and not conclusive findings.
Swain’s counsel requested permission to withdraw the plea upon the bench's unwillingness to entertain the appeal. The bench granted the request and dismissed the appeal as withdrawn.
On March 28, the single judge set aside the Central Government’s July 30, 2023, order canceling Swain’s OCI card. The judge stated that the authorities were at liberty to issue a fresh show-cause notice if they deemed it necessary.
Swain had approached the division bench seeking to expunge the single judge's observations, which included references to tweets that allegedly disparaged the Indian armed forces and law enforcement agencies. However, the division bench reaffirmed that the single judge’s order already provided sufficient clarity. The bench also noted that Swain retained the option of approaching the appropriate court for further relief if necessary.
During earlier proceedings, Swain’s counsel submitted that he intended to delete some of the objectionable tweets voluntarily. Swain also contended that the cancellation order issued by the Centre lacked specific details or reasons, rendering it a ‘non-speaking’ and unreasoned order. He further explained that he had not been able to visit India for three years despite his 78-year-old mother being unwell.
Swain argued that criticism of government policies did not equate to anti-India activities or inflammatory speech. He maintained that, as an academic, his work involved analyzing and critiquing various policies of the current administration.
The court had earlier, on July 10, 2023, quashed the February 8, 2022, order of the Central Government that cancelled Swain’s OCI card, citing a lack of reasoning and the absence of proper application of mind. It directed the authorities to issue a well-reasoned order within three weeks, following the provisions of the Citizenship Act, 1955.
[Inputs: Hindustan Times]
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