Delhi HC sets aside Govt order cancelling Prof Swain’s OCI card

A detailed order remains to be made public.

Swain in a petition filed in 2023, challenged a July 30, 2023, order of the Indian Embassy to Sweden and Latvia which cancelled his OCI registration. The Centre had cancelled Swain’s OCI registration on the grounds that he had been found indulging in “illegal activities inimical” to the interests of the sovereignty, integrity, and security of India. The Centre had accused Swain of “indulging in inflammatory speeches and anti-India activities”.

Swain was granted Swedish citizenship in 2006 and was granted registration as OCI in January 2020.

On November 6, 2020, he had received a show-cause notice from the Embassy of India to Sweden and Latvia, notifying that his OCI card was liable to be cancelled as he had been indulging in inflammatory speeches and anti-India activities. While Swain replied to the notice on November 25, 2020, nearly a year-and-half later, on February 8, 2022, Swain’s OCI card was cancelled.

According to Swain, “the cancellation order was bereft of any substantial basis/reasons” and was passed without providing him with an opportunity of hearing. He then moved Delhi HC and the HC on July 10, 2023, had set aside the Centre’s order cancelling Swain’s OCI registration.

The HC back then had observed, “Other than repeating the Section (7D (e) of the Citizenship Act) as a mantra, no reason has been given in the order as to why the registration of the Petitioner as an OCI card holder has been revoked.”