HC sets aside order cancelling Sweden-based prof’s OCI card

New Delhi, July 10

The Delhi High Court on Monday set aside an order of the Central Government cancelling the Overseas Citizenship of India (OCI) card of Sweden-based NRI Prof Ashok Swain for non-application of mind.

Faced charge of inflammatory speech

• Ashok Swain’s OCI card was arbitrarily barred in February 2022
• Accused of making inflammatory speeches, anti-India acts
• Swain, however, contended he never made any such speech

“Other than repeating the Section (under which the OCI card was cancelled) as a mantra, no reason is given in the order as to why the registration of the petitioner as an OCI card holder has been revoked,” Justice Subramonium Prasad said.

The High court had on December 8 last year asked the Centre to respond to a petition filed by Swain, a professor of peace and conflict research at Uppsala University, Sweden, against the government’s decision to cancel his OCI card.

Swain had said pursuant to a show-cause notice issued in 2020, his Overseas Citizenship of India card was arbitrarily barred in February 2022 on the allegations that he was indulging in inflammatory speeches and anti-India activities.

He maintained that he didn’t make any inflammatory speech. There was no specific incident or material to suggest that he indulged in any anti-India activities. As a professor, his role was to discuss policies of the government through his work, he submitted. Being a critique of certain policies of the current government shall not be tantamount to anti-India activities under the Citizenship Act, 1955, he contended.