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Synopsis

Sweden-based Professor Ashok Swain has moved the Delhi High Court challenging a fresh order passed by the Central government dated July 30, 2023 cancelling his Overseas Citizen of India (OCI) Card.

The matter is listed for hearing before the bench of Justice Subramonium Prasad on Monday i.e. September 11.

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.

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”.

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.

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