The Delhi High Court on Wednesday declined a request from academician Ashok Swain to expunge remarks regarding his tweets made by a single judge, in a case involving the revocation of his Overseas Citizenship of India (OCI) card. Swain, an Indian-born scholar based in Sweden, challenged the observations that suggested his tweets could undermine India’s constitutional and state legitimacy.
The bench, comprising Chief Justice D K Upadhayaya and Justice Tushar Rao Gedela, reviewed the March 28 judgment which initially set aside the government’s decision to cancel Swain’s OCI card but included comments on the potential impact of his tweets. The court clarified that these remarks were not final judgments but merely preliminary opinions.
Despite Swain’s efforts to clear his name completely by seeking the removal of these observations, his appeal was ultimately not entertained, leading his counsel to withdraw the plea. The court remarked, “The appeal is dismissed as withdrawn.”
This legal ordeal began when the central government issued an order on July 30, 2023, canceling Swain’s OCI status, citing “anti-India activities” linked to his public expressions and writings, which allegedly included disparaging references to the Indian armed forces and law enforcement. However, the single judge’s decision from March underscored the lack of concrete evidence or reasoning in the government’s order, prompting the directive for a more substantiated cause.
Swain argued that his academic critiques of government policies should not be construed as inflammatory or anti-national. The high court, earlier in July 2023, criticized the central government’s vague handling of the case, directing it to furnish a more detailed explanation within three weeks under the Citizenship Act, 1955.
