The Delhi High Court on Wednesday granted the Central Government a final extension of two weeks to file its reply to a petition moved by Sweden-based academician Ashok Swain. Swain is challenging a “purported blacklisting order” that has barred him from entering India for several years, citing his inability to visit his ailing mother.
Justice Purushaindra Kumar Kaurav allowed the request for additional time made by the Centre’s counsel, scheduling the next hearing for July 23, 2024. The court had originally issued notice on Swain’s petition in November 2025, directing the Ministry of Home Affairs, the Ministry of External Affairs, the Indian Embassy in Sweden and Latvia, and the Bureau of Immigration to file their responses within three weeks.
Ashok Swain, a Professor and Head of the Department of Peace and Conflict Research at Uppsala University in Sweden, is a Swedish national and an Overseas Citizen of India (OCI) cardholder. The legal battle stems from the cancellation of his OCI card by the Indian Embassy on February 8, 2024.
Swain’s petition asserts that he only discovered the existence of a “blacklisting order” under the Foreigners Act through a counter-affidavit filed by the Centre during a previous round of litigation. The academician alleges that this order has been used to prevent his entry into India without following due process.
The plea highlights a deeply personal dimension to the legal fight, noting that Swain has been unable to visit his elderly mother in India despite her failing health.
Legally, Swain argues that the authorities have acted on an “undisclosed” blacklisting order. The petition claims that the legal basis for this restriction was never communicated to him, nor was it tested against the procedural safeguards mandated by the Citizenship Act or the constitutional protections under Articles 14 (Equality before law) and 21 (Right to life and personal liberty).
“Despite two rounds of judicial review, respondents persisted in passing orders and imposing blacklisting based solely on sweeping and bald allegations, contents of which were never disclosed even to this court,” the plea stated.
The petition further contends that such “opacity” epitomizes “arbitrariness,” arguing that the refusal to supply evidence or specific case particulars vitiates the administrative action under Article 14 of the Constitution.
According to the Centre’s previous affidavits cited in the petition, the government maintains that Swain was blacklisted due to his “anti-India writing and inflammatory speeches.” The authorities claim his public statements have reflected negatively on India and “tarnished the image of the country in the international fora.”
This is not the first time the OCI cancellation has reached the courts. The High Court has previously set aside the Centre’s orders to cancel Swain’s OCI card on two separate occasions, each time granting the government the liberty to issue a fresh show-cause notice.
Swain is now seeking a court directive to allow him entry into India on his OCI card, an order to call for the records of the purported blacklisting, and the eventual quashing of any orders restraining his entry into the country.
