The Delhi high court on Monday set aside the cancellation of Sweden-based academic Ashok Swain’s Overseas Citizenship of India (OCI) card, saying the decision in this regard was bereft of any reasons. It sought a detailed and reasoned order within three weeks.
“Apart from repeating the Section [under which the OCI card was cancelled] as a mantra, no reason is mentioned... as to why the registration of the petitioner [Swain] as OCI holder has been revoked,“ said Justice Subramonium Prasad while disposing of Swain’s plea against the cancellation.
“The respondent [Union government] is directed to pass a detailed order giving reasons for exercising its power under Section 7D(e) of the Citizenship Act, 1955. The impugned order is set aside. The respondent is directed to complete the exercise within three weeks from today [Monday].”
An OCI card makes the holder eligible for a multi-purpose, multiple-entry, lifelong visa to India and exemption from registration with police for any length of stay in the country.
In his plea, Swain, who is a citizen of Sweden, said the Indian embassy in Sweden cited no specific instance or particulars in the show cause notice for cancelling his OCI card in February last year under Section 7D(e) of the Citizenship Act, 1955.
{{/usCountry}}In his plea, Swain, who is a citizen of Sweden, said the Indian embassy in Sweden cited no specific instance or particulars in the show cause notice for cancelling his OCI card in February last year under Section 7D(e) of the Citizenship Act, 1955.
{{/usCountry}}The Union government maintained Swain’s OCI card was revoked because of his involvement in activities “prejudicial to security and stability of India, its sovereignty and integrity and friendly relations with other countries.”
Swain maintained he did not make any inflammatory speech nor was any specific instance or material provided to substantiate the allegations against him. He added as a scholar, it is his role to discuss and critique the policies of the government through his work.
The plea said Swain analyses and criticises certain policies of the government as an academic. It added mere criticism of the policies of the ruling dispensation shall not be tantamount to anti-India activities under the Citizenship Act.