The Delhi High Court has overturned the Central Government’s order canceling the Overseas Citizenship of India (OCI) card of academic and writer Ashok Swain. The decision, delivered on March 28, grants Swain relief while allowing the government to issue a fresh show-cause notice if necessary.
Justice Sachin Datta pronounced the verdict after reserving the order in January. A detailed judgment is expected to be released soon.
Swain had argued that the government’s action amounted to a witch-hunt due to his critical views on government policies. The initial cancellation order was issued on July 30, 2023, following a previous decision on July 10, 2023, in which a coordinate bench had struck down an earlier order revoking Swain’s OCI status. At that time, the court had directed the Centre to provide a well-reasoned justification for invoking its powers under Section 7D(e) of the Citizenship Act, 1955.
In his petition, Swain claimed that despite clear court instructions to provide a detailed explanation, the Embassy of India to Sweden and Latvia issued a new order in a "callous manner" by merely rewording the legal provisions.
"The Petitioner has an ailing mother aged about 78 years who is suffering from various medical conditions, including Diabetes and High Blood Pressure. As the only son, he has been unable to visit India for the past three years, creating an urgent need for him to return and care for her," the plea, filed by advocate Aadil Singh Boparai, stated.
Swain, a respected academic and researcher, emphasized that his professional role involves analyzing and critiquing government policies.
"As a scholar, it is my duty to engage in discussions and critiques of government policies. I should not be punished for expressing my views. Criticism of government policies does not amount to inflammatory speech or anti-India activity," Swain argued in his petition.
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The Embassy of India to Sweden and Latvia had initially canceled Swain’s OCI card on February 8, 2023, under Section 7D(e) of the Citizenship Act. With the High Court’s latest decision, the matter may see further developments if the government decides to reissue a notice with a detailed explanation.
Case Title: Ashow Swain v. Union of India & Ors
