The Delhi High Court on Friday set aside an order issued by the Central Government on July 30, 2023, cancelling the OCI card of Sweden—based Professor of Indian origin Ashok Swain.

The single-judge Bench of Justice Sachin Datta, however, granted liberty to the Government to issue a fresh showcause notice to Swain. Swain argued in his petition that he could not be witch-hunted for his views on the current Government or its policies.

Government passed the order on July 30 following the Delhi High Court verdict of July 10, which quashed a similar order passed by the Union of India earlier and directed the Centre to pass a detailed order giving reasons for exercising its powers under Section 7D(e) of the Citizenship Act, 1955. 

Swain contended in his petition that despite ‘specific’ and ‘unequivocal’ directions passed by the High Court to pass a detailed order, the Embassy of India to Sweden and Latvia had issued a fresh order in a ‘callous’ manner by merely paraphrasing the provisions of law.

The petitioner apprised the High Court about his ailing mother aged about 78 years, who was suffering from various medical ailments such as Diabetes, High Blood Pressure and other age—related diseases.  Swain contended in the plea that being the only son, it was his duty and extreme urgency to visit India and attend to his ailing mother.  He added that he has not been to the country in the past three years.  The petitioner argued that being a well-known academician and researcher, it was his job to analyse and criticise certain policies of the present government.

On July 10, 2023, the High Court quashed the February 2, 2022 order passed by the Embassy of India to Sweden and Latvia, cancelling Swain’s OCI Card under Section 7D(e) of the Citizenship Act.