Big relief for academic Ashok Swain: Delhi High Court sets aside govt’s order cancelling OCI Card

The Delhi High Court on March 28 granted relief to academic Ashok Swain and set aside Centre's decision to cancel his Overseas Citizenship of India (OCI) card, reported Bar and Bench.

The bench of Justice Sachin Datta delivered the judgment, stating that the order was annulled. However, the respondents were granted the freedom to issue a fresh show cause notice.

Ashok Swain, a resident of Sweden, had contested the cancellation of his OCI card and approached the High Court to challenge the order, which he described as a non-speaking one, reported ANI.

According to a report, the contested order, issued on 30 July 2023, came after a coordinated bench had previously annulled a similar directive on 10 July 2023, which had also revoked Swain's OCI card.

Swain, in his petition, argued that he should not be subjected to persecution for expressing his opinions on the current government or its policies.

Swain, who said a non-speaking order was passed, argued his 78-year-old mother who lived in India was unwell and he was the only son and hadn't been able to visit India in the past three years.

"Although, it is the alleged case of the respondent that the petitioner was blacklisted for anti-India activities for allegedly spreading detrimental propaganda through his writings and speeches in various public fora, the impugned order is bereft of any particular incidence/tweet/writing or reason which remotely demonstrates the contention of the respondent number 3 ," the plea said.

Swain's plea highlighted that although the Central Government claimed he was blacklisted for alleged anti-India activities and spreading harmful propaganda through his writings and speeches, the order lacked specific instances, tweets, or writings to substantiate the accusation made by the Embassy of India to Sweden and Latvia.

His plea emphasised that the order did not provide any evidence of Swain's alleged detrimental activities on public platforms.

Meanwhile, the Centre had earliar apprised the court that the cancellation of Ashok Swain's Overseas Citizen of India (OCI) registration was undertaken following it was "satisfied" that Swain had engaged in "illegal activities inimical" to the sovereignty, integrity, and security of India.

The Embassy of India to Sweden and Latvia on 8 February 2024 cancelled Swain's OCI Card under Section 7D(e) of the Citizenship Act, added LiveLaw.

With agency inputs.