Justice Subramonium Prasad has granted the Indian Government a four-week window to file a response and has scheduled further proceedings for November 9
The Delhi High Court has recently called upon the Indian Government to clarify its stance regarding the cancellation of the Overseas Citizenship of India (OCI) card belonging to Ashok Swain, a prominent academician and professor at Uppsala University in Sweden. The court’s decision, reported by The Hindu on September 11, comes in response to Swain’s legal challenge against the July 30 order that revoked his OCI card, alleging that this action was taken without proper justification.
Justice Subramonium Prasad has granted the Indian Government a four-week window to file a response and has scheduled further proceedings for November 9.
Professor Ashok Swain, who is currently residing in Sweden, cited that the order cancelling his OCI card was issued without providing any specific reasons, which is commonly referred to as a non-speaking order. In his plea, Swain emphasized the urgency of the matter, as his 78-year-old mother, residing in India, is unwell. As the sole son, he has been unable to visit her for the past three years, and he stressed the necessity of being allowed to attend to his ailing mother promptly.
Swain’s counsel argued that while the government alleges his client’s involvement in anti-India activities and the dissemination of detrimental propaganda through his writings and speeches in public forums, the order in question lacks concrete evidence or examples to support these claims.
Despite the High Court’s directive to provide a detailed order within three weeks, the authorities issued the July 30 order in a cursory manner, simply paraphrasing the legal provisions. Swain’s ongoing legal efforts seek to uphold his right to express his views and engage in scholarly discussions without facing unwarranted consequences such as the cancellation of his OCI card.
The plea highlighted Swain’s role as a scholar and his responsibility to engage in discussions and critiques of government policies through his academic work. The argument was made that criticizing certain government policies should not be equated with delivering inflammatory speeches or engaging in anti-India activities.
This legal battle is not the first time Swain has contested the cancellation of his OCI card. He previously approached the High Court challenging the February 8, 2022 order by the Central government, which was ultimately set aside by the High Court on July 10. The court criticized the government’s order for lacking valid reasons and for failing to demonstrate a thoughtful application of its powers under the Citizenship Act, 1955.
Despite the High Court’s directive to provide a detailed order within three weeks, the authorities issued the July 30 order in a cursory manner, simply paraphrasing the legal provisions. Swain’s ongoing legal efforts seek to uphold his right to express his views and engage in scholarly discussions without facing unwarranted consequences such as the cancellation of his OCI card.
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