Delhi High Court Sets Aside Order Cancelling Academic Ashok Swain's OCI Card, Asks Centre To Pass Fresh Order

The Delhi High Court on Monday set aside the order cancelling the Overseas Citizenship of India (OCI) card of academic and writer Ashok Swain.

“Apart from repeating the Section (under which the OCI card was cancelled) as a mantra, no reason is mentioned ... as to why the registration of the petitioner as OCI holder has been revoked,” Justice Subramonium Prasad.

The court disposed of Swain’s plea challenging the cancellation of his OCI card by the Indian Embassy. As per the petition, the Embassy of India to Sweden and Latvia on February 8 last year cancelled Swain’s OCI Card under Section 7D(e) of the Citizenship Act, 1955.

Justice Prasad directed the Union Government to pass a detailed order giving reasons for exercising its powers under Section 7D(e) of the Citizenship Act, 1955, within three weeks.

“The respondent is directed to pass a detailed order giving reasons for exercising its power under Section 7D(e) of the Citizenship Act, 1955. The impugned order is set aside. The respondent is directed to complete the exercise within three weeks from today,” the court said.

However, Justice Prasad clarified that the court had expressed no opinion on the merits of the case.

The Central Government has defended the impugned order and said that the same was passed in exercise of power under section 7D(e) of the Citizenship Act. The provision gives power to the Union Government for cancelling the registration as overseas citizen of India.

The Ministry of Home Affairs, Ministry of External Affairs as well as the Embassy of India to Sweden and Latvia were respondents in the case. Advocate Aadil Singh Boparai represented the petitioner.

Swain, who is also a UNESCO Chair on International Water Cooperation since 2007, was granted the OCI card on January 14, 2020. He argued that he cannot be "witch-hunted" for his views on the political dispensation of the current government or their policies.

In his plea moved through Advocate Aadil Singh Boparai, Swain argued that he received a show cause notice in October 2020 "arbitrarily barring" the OCI Card on the alleged premise that he was "indulging in inflammatory speeches and anti-India activities."

Swain, who is a citizen of Sweden, further argued that no specific instance or particulars were cited in the show-cause notice for substantiating the barring of his OCI card.

The plea stated that while he replied to the show cause notice on November 25, 2020 and vehemently denied the allegations made therein, he has not receive any response or materials from the authorities.

The Embassy of India to Sweden and Latvia on February 8 last year year cancelled Swain's OCI Card under Section 7D(e) of the Citizenship Act, 1955, according to the petition.

Swain argued that the action violates his fundamental right to free movement and other rights accorded to him by virtue of his OCI status.

It was submitted that the impugned order is ex-facie illegal, arbitrary and a non speaking order which has been passed in "mechanical exercise of power."

"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. 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," the plea said.

Title: Ashow Swain v. Union of India & Ors

Citation: 2023 LiveLaw (Del) 571