Found indulging in ‘illegal activities inimical’ to the interests of India: Centre tells Delhi HC on Swain’s OCI cancellation
The Centre through the Ministry of Home Affairs in its response has said that it sought a report from security agencies and the Ministry of External Affairs in the matter.
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The submission has been made in Centre's response to Swain's plea challenging a July 30, 2023, order of the Indian Embassy to Sweden and Latvia which cancelled his OCI registration. (Express file photo)The Centre has told the Delhi High Court that it cancelled Sweden-based professor Ashok Swain’s Overseas Citizen of India (OCI) registration after it was “satisfied” that he had been found indulging in “illegal activities inimical” to the interests of the sovereignty, integrity, and security of India.
The submission has been made in Centre’s response to Swain’s plea challenging a July 30, 2023, order of the Indian Embassy to Sweden and Latvia which cancelled his OCI registration.
The Centre through the Ministry of Home Affairs in its response has said that it sought a report from security agencies and the Ministry of External Affairs in the matter.
“The Ministry examined the activities of Mr. Ashok Swain in view of reports received from security agencies and Ministry of External Affairs and provisions under section 7D(c) of The Citizenship Act, wherein the OCI Card of the petitioner was found liable to be cancelled. Therefore, on 06.11.2020, this Ministry served a “Notice” to the petitioner through Embassy of India in Sweden to show cause as to why his OCI Card may not be cancelled for indulging in inflammatory speeches and anti-India activities,” the response stated.
It stated that although Swain’s response to the show cause notice was examined “thoroughly”, the reports received from security agencies and MEA provided “enough inputs” to show that Swain “persistently and willfully indulged in writings and inflammatory speeches that tarnished the image of the country and its institutions in the eyes of international community, undermining the nation and hurting the interests of the country”.
It said that the details cannot be divulged since the inputs received from security agencies are classified as ‘Secret’, however, it may be placed before the court in a sealed cover if any order to this extent is given by the court.
Appearing for Swain, advocate Aadil Singh Boparai submitted before the HC on Wednesday that the July 30, 2023, order fails to disclose any reasons whatsoever adding that the “action is evidently malafide”.
“Merely because I critique their policies, that does not make me anti-India,” Boparai had said. The matter is now listed on May 7.
The Centre in its response has said that under the Act, it may, by order, cancel the OCI card registration if “satisfied that it is necessary so to do in the interests of the sovereignty…integrity…the security of India, friendly relations of India with any foreign country, or in the interests of the general public”.
It has said that the grant of visa is a “plenary sovereign function” of the Central government and the same is not an “enforceable right let alone a Fundamental Right”.
Though Swain has Indian roots and has been registered as an OCI card holder, the Centre has said that it “cannot be equated” with an Indian citizen adding that OCI card holders are foreign nationals.
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