On 7th February, the Centre informed the Delhi High Court that Sweden-based professor Ashok Swain’s Overseas Citizen of India (OCI) registration was cancelled after he was found to be indulged in “illegal activities inimical” to the interests of the sovereignty, integrity, and security of India. The response from the central government came after Swain challenged the cancellation of his OCI registration via a plea in the Delhi High Court on 30th July 2023. His registration was cancelled on order of the Indian Embassy to Sweden and Latvia.
The Ministry of Home Affairs told the High Court that it examined a report from the security agencies, and the Ministry of External Affairs about Swain’s activities and found that his OCI Card was liable to be cancelled under the provisions of Section 7D© of The Citizenship Act. The ministry noted, “Therefore, on 06.11.2020, this Ministry served a “Notice” to the petitioner through the Embassy of India in Sweden to show cause as to why his OCI Card may not be cancelled for indulging in inflammatory speeches and anti-India activities.”
The ministry further noted that Swain’s response to the notice was examined thoroughly. However, the ministry’s reports from security agencies and MEA provided enough evidence to show that Swain was consistently and willfully indulging in anti-India activities. The Centre said that Swain “persistently and willfully indulged in writings and inflammatory speeches that tarnished the image of the country and its institutions in the eyes of the international community, undermining the nation and hurting the country’s interests”.
Centre further added that the details of the inputs from the security agencies could not be revealed as they were classified as “Secret”. However, the Centre might place it before the bench in a sealed cover if the court wishes.
Appearing for Swain, advocate Aadil Singh Boparai submitted that because Swain critiques the Government of India’s policies, that did not make him ‘anti-India’. Responding to the submissions, the Centre argued that it may cancel the OCI card registration if “satisfied that it is necessary so to do in the interests of the sovereignty…integrity…the security of India, friendly relations of India with any foreign country, or in the interests of the general public”.
Furthermore, the Centre added that the visa grant is a “plenary sovereign function” of the Government of India, not an “enforceable right let alone a Fundamental Right”. The Centre added though Swain had an OCI card, it could not be equated with the citizenship of India as OCI card holders are foreign nationals.
The matter has been next listed for 7th May 2024.
Ashok Swain has a history of peddling fake news
Ashok Swain has a history of peddling fake news targeting the Government of India. His X account was withheld in India as he repeatedly posted fake news, spreading disinformation. On multiple occasions, Ashok Swain not only maligned India but also tried to present a false narrative of Muslim victimhood in the country.
