Academician Ashok Swain approached the High Court against the July 30 order cancelling his OCI card, saying a non-speaking order was passed. File
| Photo Credit: The Hindu
The Delhi High Court on Friday (March 28, 2025) set aside the Centre’s order cancelling the Overseas Citizenship of India (OCI) card of academician Ashok Swain.
“The order dated July 30, 2023 is set aside. The authorities are at liberty to issue a fresh show-cause notice,” Justice Sachin Datta said.
Mr. Swain in his plea filed in 2023 had argued that his 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.
Mr. Swain, a resident of Sweden and professor and head of department at the Department of Peace and Conflict Research, Uppsala University, approached the High Court against the July 30 order cancelling his OCI card, saying a non-speaking order was passed.
“Although, it is the alleged case of the respondent (Centre) that the petitioner (Swain) was blacklisted for anti-India activities for allegedly spreading detrimental propaganda through his writings and speeches in various public forums; the impugned order is bereft of any particular incidence/ tweet/ writing or reason which remotely demonstrates the contention of the respondent no.3 (Embassy of India to Sweden and Latvia) that the petitioner is allegedly carrying out detrimental propaganda on public forums,” the plea had said.
“Criticism of certain policies of the government would not amount to being an inflammatory speech or an anti-India activity,” the petition added.
Mr. Swain had previously also approached the High Court challenging cancellation of his OCI card through the February 8, 2022 order of the Central government. The High Court, on July 10, had set aside the government’s order, saying it does not give any reasons and it “hardly gave any indication of application of mind”.
The High Court had directed the Centre to pass a detailed order within three weeks giving reasons for exercising its powers under the Citizenship Act, 1955.
His later petition said despite specific directions of the High Court to pass a detailed order, authorities have padded the July 30 order in a callous manner by merely para-phrasing the provisions of law.
Published – March 29, 2025 04:44 am IST
