Read Time: 05 minutes

Synopsis

The Delhi High Court on Monday while setting aside the order of the Central government cancelling the Overseas Citizen of India (OCI) Card of Sweden-based Professor Ashok Swain, observed 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. 

The court was hearing a plea by Swain 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 Subramonium Prasad ordered.

During the hearing, on perusal of the impugned order, the single-judge bench 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”.

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.