The High Court of Delhi on Monday quashed the February 2, 2022 order passed by the Union government, cancelling the Overseas Citizen of India (OCI) card of Ashok Swain, a Sweden-based Professor of Indian origin.
Noting that there was no application of mind in passing the order, the Single-Judge Bench of Justice Subramonium Prasad observed that the Central government merely used Section 7D(e) of the Citizenship Act as a ‘mantra’ and did not furnish any reasons for revoking the OCI status of Swain.
The High Court directed the Union of India to pass a fresh, detailed order within three weeks, stating reasons for cancellation of the petitioner’s OCI card.
The Single-Judge Bench further observed that it has not expressed any opinion on the merits of the case.
Swain heads the Department of Peace and Conflict Research at Uppsala University in Sweden, besides being the UNESCO Chair on International Water Cooperation since 2007.
The lawyer representing the Central government apprised the Apex Court that Swain’s OCI card was cancelled due to his alleged involvement in activities ‘prejudicial’ to the ‘security and stability’ of the nation, its ‘sovereignty and integrity,’ and the country’s ‘friendly’ relations with other countries.
Appearing for Swain, Advocate Aadil Singh Boparai contended that he never gave any inflammatory speech and there were no specific instances or material to substantiate the allegations that he indulged in anti-India activities.
The Counsel further submitted that as a scholar and Academician, it was part of Swain’s work to analyse and criticise certain policies of the present government.
He argued that 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.
Filed by Advocates Ayesha Jamal, Srishti Khanna, Sachin Kumar and Sidhant Saraswat, the petition contended that the Government of India had granted OCI card to Swain, who has been living in Sweden for the past 32 years, on January 14, 2020.
The petitioner contended that he received a showcause notice on October 6, 2020 from the Indian Embassy, informing him that his OCI card was being arbitrarily barred on charges of his alleged indulgence in ‘inflammatory’ speeches and for his involvement in ‘anti-India’ activities.
Swain said that no specific instance or material was referred to in the showcause notice, so as to substantiate such ‘bald’ allegations or the ‘drastic measures’ undertaken by the Respondents.
As per the Indian-origin professor, he replied to the notice in November 2020, asking for reasons or material to corroborate the allegations but did not receive any response from the authorities.
On February 8, 2022, the Indian Embassy, without giving him an opportunity to speak, arbitrarily passed an order cancelling his OCI card, alleged the petitioner, calling the order ex-facie ‘illegal, arbitrary and non-est in law’.
Swain said that the order was “non-speaking and unreasoned… which has been passed without any application of Judicial Mind, to the extent that it deems to be a routine/mechanical exercise of power”.
The petitioner further said that he was unaware of the grounds on which the showcause notice was issued to him under the Citizenship Act.