The Delhi High Court on Monday set aside an order issued by the Indian Embassy to Sweden and Latvia revoking the Overseas Indian Citizen status of Ashok Swain.
Noting that the February 8, 2022, order stated nothing other than that it was being issued exercising the powers of Section 7(D)(e) of the Citizenship Act, a single-judge bench of Justice Subramonium Prasad set it aside and directed the MHA, MEA and the Embassy to pass a detailed order explaining the reasons for exercising its power under the said section.
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“Other than repeating the section as a mantra no reason has been given in the judgment as to why the registration of the petitioner as an OCI cardholder has been revoked”.
The order by the Indian Embassy stated “that the said exercise of power is under Section 7(D)(e) of Citizenship Act on the ground that the petitioner is indulging in activities which is prejudicial to the interest of the sovereignty and integrity of India, security of India, friendly relationship of India with any foreign country”.
“Impugned order is set aside, respondents are directed to complete the exercise within three weeks from today. It is made clear that this court has not expressed any opinion on the merits of the case,” the court said.
The counsel for Swain, an academician and the UNESCO Chair on International Water Cooperation since 2007, submitted that the order was issued on the pretext that he had been “ostensibly indulging in anti-India writing which is injurious to the interest of India ”.
As per the petition, Swain serves as professor and head of department at the Department of Peace and Conflict Research, Uppsala University, Sweden. He was granted an OCI Card on January 14, 2020.
“This is hardly an order; it does not give any reasons. It hardly gives any indication of application of mind on the matter,” the court observed referring to the order issued by the Indian Embassy.
In his plea, Swain stated that on February 8, 2022, the Indian Embassy, without hearing him, arbitrarily passed an order cancelling his OCI Card. He alleged that the order passed on February 8 is “ex-facie illegal, arbitrary and non-est in law”.
Swain further alleged that he remained unaware of the grounds for a showcause notice under the Citizenship Act, and claimed that he never engaged in any inflammatory speeches or Anti-India activities, and as a scholar, his role in society was to “discuss and critique the policies of the government through his work”.
Swain further said that his 77-year-old mother was suffering from various medical ailments, and it was extremely urgent for him to visit India and attend to his mother.