The Uppsala University professor’s plea says that as an academic, he ‘analyses and criticises certain policies of the present government’ and that a mere critique of their policies will not amount to ‘anti-India activities under Section 7D(e) of the Citizenship Act’. The Delhi High Court on Monday sought the Centre’s stand on a plea moved by Sweden-based professor Ashok Swain against a July 30 order that cancelled his Overseas Citizenship of India card. A single-judge bench of Justice Subramonium Prasad issued notice to the central government and listed the matter for next hearing on November 9. Appearing for Swain, advocate Aadil Singh Boparai submitted that the professor had previously approached the high court against a February 2022 order where a similar order had been passed by the Union of India. He said this order was set aside on July 10 primarily on the ground that it was an unreasoned one. Boparai argued that even on this occasion, no reasons had been given other than repeating the ingredients of the relevant section of the Citizenship Act. Boparai said that Swain’s mother was unwell and that he was her only son and had not been able to visit her in the past three years. Swain has challenged a July 30 order of the Indian embassy, which cancelled his OCI card, claiming that it is a “non-speaking order, devoid of any reason to exercise the powers under Section 7(D)(e) of the Citizenship Act”.

“Although it is the alleged case of the Respondent that the petitioner (Swain) was blacklisted for anti-India activities for allegedly spreading detrimental propaganda through his writings and speeches in various public forums; the Impugned Order is bereft of any particular incidence/tweet/writing or reason which remotely demonstrates the contention of the Respondent no.3 (Embassy of India to Sweden and Latvia) that the Petitioner is allegedly carrying out detrimental propaganda on public forums,” the plea states. The plea states that the July 30 order does not pass the muster of a well-reasoned/detailed order as it fails to disclose “any material that justifies cancellation” of Swain’s OCI card. On July 10, the high court set aside a February 8, 2022, order issued by the embassy, observing that other than repeating the section 7(D)(e) of the Citizenship Act as a “mantra”, no reason had been given in the February 2022 order on why Swain’s registration as an OCI cardholder has been revoked. Justice Prasad, who also heard Swain’s previous plea, said in its July 10 order, “It is well settled that reasons act as a link between the actual decision and the thought process of the decision maker. Reasons in an order demonstrates that the order is not a result of caprice, whims or fancies and has been arrived at after considering the facts and it reflects and establishes that the decision was just. Therefore, the Respondents are directed to pass a detailed order giving reasons for exercising powers under Section 7(D)(e) of the Citizenship Act.” In his fresh plea, Swain has alleged that despite such “specific & unequivocal directions”, the embassy passed the July 30 order in a “callous manner” by “merely paraphrasing the provisions of law”. The plea further claims that the order is arbitrary as there is no nexus between the “facts and law to justify their draconian exercise of power”. Swain has been serving as professor and head of the Department of the Peace & Conflict Research at Uppsala University in Sweden. He was granted an OCI card on January 14, 2020. The plea submits that as an academic, Swain “analyses and criticises certain policies of the present government” and a mere critique of their policies will not amount to “anti-India activities under Section 7D(e) of the Citizenship Act”.