New Delhi – In a significant development, the Delhi High Court has overturned the Central government’s decision to cancel the Overseas Citizen of India (OCI) card of Professor Ashok Swain, a Swedish-based academic of Indian origin. The court deemed the cancellation order as lacking sufficient grounds and directed the authorities to provide detailed reasons for the revocation within three weeks.
Justice Subramonium Prasad highlighted that the use of Section 7D(e) of the Citizenship Act in the cancellation order was devoid of any rationale or explanation. The court observed that there was a lack of application of mind on the part of the authorities.
The High Court’s ruling requires the Central government to issue a fresh order, outlining the specific reasons for revoking Swain’s OCI status. The court clarified that its decision did not reflect any judgment on the merits of the case.
Professor Ashok Swain, a renowned academic specializing in peace and conflict research at Sweden’s Uppsala University, had challenged the cancellation of his OCI card in February 2022. Swain argued that his critical views on the current Indian government led to the cancellation.
The Central government contended that Swain’s involvement in activities deemed detrimental to India’s security, stability, sovereignty, integrity, and friendly relations with other countries justified the cancellation. However, Swain maintained that he had not made any inflammatory speeches or engaged in anti-India activities, emphasizing his role as a scholar to critically analyze government policies through academic discourse.
Advocate Aadil Singh Boparai represented Ashok Swain in the case, which was filed by a team of advocates including Ayesha Jamal, Srishti Khanna, Sachin Kumar, and Sidhant Saraswat. The court’s verdict sets a precedent for a fair review process and the need for substantiated reasons in similar cases in the future.
