Today, On 28th March, The Delhi High Court once again Set-aside the government’s decision to cancel the OCI card of Professor Ashok Swain. This marks the second time the court has quashed the revocation order. The ruling reinforces Swain’s right to retain his Overseas Citizenship of India (OCI) status. The case highlights ongoing legal battles over citizenship rights and government decisions.
New Delhi: The Delhi High Court reversed the Central Government’s decision to revoke the Overseas Citizenship of India (OCI) card belonging to academician and writer Ashok Swain.
Justice Sachin Datta’s bench ruled that the revocation order was annulled, although the respondents were permitted to issue a new show cause notice.
Swain, a resident of Sweden, challenged the cancellation of his OCI card, arguing that the order was “non-speaking.”
This contested order, dated July 30, 2023, followed a previous ruling from July 10, 2023, which had also annulled a similar order against him.
In his petition, Swain asserted that he should not face persecution for voicing his opinions about the current government or its policies.
He pointed out that while the Central Government claimed he was blacklisted for purportedly engaging in “anti-India activities” and disseminating harmful propaganda through his writings and speeches, the order lacked specific examples or evidence to support these accusations made by the Embassy of India in Sweden and Latvia.
Swain emphasized that the order did not provide any proof of his alleged harmful activities on public platforms.
The Centre had informed the court that Swain’s OCI registration was canceled because it was “satisfied” that he had been involved in “illegal activities inimical” to India’s sovereignty, integrity, and security.
The Overseas Citizenship of India (OCI) card is a special immigration status granted by the Government of India to foreign nationals of Indian origin. It allows them to live, work, and travel freely in India without requiring a visa.
However, it does not provide full citizenship rights, such as voting or holding constitutional positions.
Ashok Swain is an Indian-origin academic, currently serving as a Professor of Peace and Conflict Research at Uppsala University, Sweden. He is known for his work on water conflicts, international relations, and South Asian geopolitics.
Swain’s Overseas Citizenship of India (OCI) card was revoked by the Indian government, citing alleged violations of law. However, the Delhi High Court has twice quashed the revocation, ruling in favor of Swain’s rights. The case has drawn attention to freedom of speech and dissent issues among Indian-origin intellectuals abroad.