Delhi High Court sets aside Central government order cancelling OCI card of Professor Ashok Swain

The Delhi High Court on Monday set aside an order of the Central government cancelling Overseas Citizen of India (OCI) card of Sweden-based Professor of Indian origin, Ashok Swain. .Justice Subramonium Prasad said that the order merely used Section 7D(e) of the Citizenship Act as a "mantra" and did not furnish any reasons in why Swain's OCI status was being revoked. It appears that there was no application of mind, the Court held. Justice Prasad, therefore, ordered the Central government to pass a fresh reasoned order within three weeks. "The respondents are directed to pass a detailed order giving reasons for the cancellation of petitioner’s OCI card. The impugned order is set aside the respondents are directed to complete the exercise in three weeks. It is made clear that we have not expressed any opinion on the merits of the case,” the Court said..Swain is an academic and professor of peace and conflict research at the Department of Peace and Conflict Research at Sweden's Uppsala University.He moved the High Court contending that his OCI card was cancelled in February 2022 because of his statements critical of the current Indian government. The counsel appearing for the Central government informed the Court that Swain's OCI card because he was involved in activities 'prejudicial to security and stability of India', its 'sovereignty and integrity' and 'friendly relations with other countries'..However, Swain maintained that he has not given any inflammatory speech and there were no specific instances or materials to substantiate the allegations."It is submitted that the petitioner has never engaged in any inflammatory speeches or Anti-India activities. As a scholar, it his role in the society to discuss and critique the policies of Government through his work," Swain's petition argued.It added,"Being an Academician, he analyses and criticises 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.".Advocate Aadil Singh Boparai appeared for Swain. His petition was filed through advocates Ayesha Jamal, Srishti Khanna, Sachin Kumar and Sidhant Saraswat.