Delhi HC sets aside order revoking Sweden-based professor Ashok Swain’s OCI status: ‘Hardly an order, no reasons given’

A single-judge bench of Justice Subramonium Prasad observed, “Other than repeating the section as a mantra no reason has been given in the judgment as to why the registration of the petitioner as an OCI cardholder has been revoked”.

Justice Prasad further directed the respondents — the Union Ministry of Home Affairs, Ministry of External Affairs and the Indian Embassy in Sweden and Latvia to “pass a detailed order giving the reason for exercising its power under Section 7(D)(e) of the Citizenship Act”.

“Impugned order is set aside, respondents are directed to complete the exercise within three weeks from today. It is made clear that this court has not expressed any opinion on the merits of the case,” the high court directed.

Swain’s counsel submitted his client’s OCI status was revoked on the pretext that he had been “ostensibly indulging in anti-India writing which is injurious to the interest of India ”.

His counsel submitted that Swain is an academician and the UNESCO Chair on International Water Cooperation since 2007. As per the petition, Swain serves as professor and head of department at the Department of Peace and Conflict Research, Uppsala University, Sweden. He was granted an OCI Card on January 14, 2020.

Perusing the cancellation order, Justice Prasad orally said to the Centre’s counsel, “This is hardly an order; it does not give any reasons. It hardly gives any indication of application of mind on the matter.”

The Centre’s counsel submitted that the “agencies had got information, and on examination of the reports, this order was passed”. The high court, however, asked the Centre’s counsel to pass a “detailed order giving reasons,” to which the counsel said that they “bow down” to the same.

The plea stated that Swain received a showcause notice on October 6, 2020, from the Indian Embassy whereby his OCI Card was arbitrarily barred on the alleged premise that he was indulging in “inflammatory speeches and anti-India activities”. He claimed no specific instances or materials were referred to in the show cause notice to “substantiate such bald allegations or drastic measures undertaken by the Respondents”.

He said he replied to the notice in November 2020, asking for the reasons or materials indicating the allegations but received no response.

The plea stated that on February 8, 2022, the Indian Embassy, without hearing him, arbitrarily passed an order cancelling his OCI Card. Swain had alleged that the order passed on February 8 is “ex-facie illegal, arbitrary and non-est in law”. The plea contended that it is a “non-speaking and unreasoned order, which has been passed without any application of Judicial Mind, to the extent that it deems to be a routine/mechanical exercise of power”.

Swain alleged that he remained unaware of the grounds for a showcause notice under the Citizenship Act, and the proceedings from there have been instituted against him.

He claimed that he never engaged in any inflammatory speeches or Anti-India activities, and as a scholar, his role in society was to “discuss and critique the policies of the 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 stated.

Swain said that his 77-year-old mother was suffering from various medical ailments, and it was extremely urgent for him to visit India and attend to his mother.