Latest news with #AshokSwain
The Wire
22-05-2025
- Politics
- The Wire
Modi Govt Revoked 57 OCI Cards in 2024, Nearly Half of All Cancellations in 10 Years: Report
Raphael Satter, Nitisha Kaul and Ashok Swain. Illustration via Canva Real journalism holds power accountable Since 2015, The Wire has done just that. But we can continue only with your support. Contribute Now New Delhi: Cancellation of Overseas Citizenship of India (OCI) registrations spiked in 2024 with the Union home ministry cancelling as many as 57 OCI cards in 2024 alone. The cancellations in 2024 were nearly half the total number of OCI cancellations in the past decade, data obtained by The Hindu under the Right to Information Act shows. The Union government revoked the OCI status of individuals under Section 7D of the Citizenship Act, 1955. The section states that the Union government may cancel OCI registration on the following grounds: the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; Between 2014-2023, the Union government cancelled 122 OCI registrations under section 7D; 57 in 2024 and 15 in 2025 as of May 19, the report said. Earlier this week, Nitasha Kaul, a London-based academic who has been critical of the Modi government, said that the latter revoked her OCI status. 'Through your numerous inimical writings, speeches, and journalistic activities at various international forums and on social media platforms, you regularly target India and its institutions on the matters of India's sovereignty,' the Union government's notice to Kaul said. She has called the move a 'vindictive' and 'cruel' example of 'transnational repression'. Watch | My OCI was Cancelled Twice by the Government and Restored Both Times by the Courts: Ashok Swain OCI status grants foreign nationals of Indian provenance certain benefits, including a 'multiple-entry, multi-purpose lifelong visa to visit India'. It has been noted that the Modi government has revoked the OCI status of various critics over the last few years. In 2021, the Union government introduced an additional permit that journalists, missionaries and mountaineers require alongside their OCI registration. There have been several notable OCI cancellations including that of French journalist Vanessa Dougnac (2024), Sweden-based academic Ashok Swain (2023) and American journalist Raphael Satter (2023). In the case of Dougnac and Swain, the court set aside the government's decision and asked the government reinstate their OCI status. Satter's case is being heard in the court.
Time of India
24-04-2025
- Politics
- Time of India
Delhi HC declines to expunge observations in Swain OCI case
New Delhi: Delhi HC refused Wednesday to entertain a plea by Swedish academician Ashok Swain seeking to expunge certain observations made by a single judge while dealing with his petition against cancellation of his OCI card. Swain, an India-born academician, moved court seeking removal of the judge's observation that it prima facie appeared that some of the tweets of petitioner contained "objectionable" insinuations and could be construed as undermining the constitutional apparatus and legitimacy of the Indian state itself. He feared the observation might be used as fresh grounds by authorities to deny him relief. As the court was not inclined to entertain the appeal, Swain's counsel sought liberty to withdraw the plea, which was allowed. TNN
The Hindu
23-04-2025
- Politics
- The Hindu
Delhi HC declines Ashok Swain's plea to expunge remarks from order
The Delhi High Court on Wednesday declined a plea by India-born Swedish academic Ashok Swain, who sought to expunge certain remarks made by a judge while hearing his petition against the cancellation of his Overseas Citizenship of India card. Mr. Swain had objected to the judge's observation that some of his posts on X appeared to contain 'objectionable' insinuations that could be interpreted as undermining the constitutional framework.
Hindustan Times
23-04-2025
- Politics
- Hindustan Times
Delhi HC refuses to expunge observations on 'objectionable' Tweets by academician Ashok Swain
New Delhi, The Delhi High Court on Wednesday refused to entertain a plea by academician Ashok Swain seeking to expunge certain observations made by a single judge while dealing with his petition against the cancellation of his Overseas Citizenship of India card. Swain, an India-born Swedish academician, said he was aggrieved by the single judge's observation that it prima facie appeared that some of the tweets of the petitioner contained "objectionable" insinuations and can be construed as undermining the constitutional apparatus and legitimacy of the Indian state itself. A bench of Chief Justice D K Upadhayaya and Justice Tushar Rao Gedela said the single judge has already clarified in his March 28 judgment that the order should not be construed as an expression of its opinion on the merits of the allegations against Swain, or to assess if the allegations were sufficient to revoke his OCI card. Perusing the single judge's verdict, which set aside the Centre's order to cancel Swain's OCI card, the division bench said those were not the findings but only a prima facie opinion of the single judge. As the court was not inclined to entertain the appeal, Swain's counsel sought the liberty to withdraw the plea, which was allowed. "The appeal is dismissed as withdrawn," the bench said. On March 28, the single judge set aside the Centre's July 30, 2023, order cancelling the OCI card of Swain and said the authorities were at their liberty to issue a fresh show-cause notice. Swain approached the division bench seeking to expunge the single judge's observations that "some of the tweets also contain a disparaging reference to the Indian armed forces and law enforcement agencies". The bench said the single judge's order clarified everything and if required, Swain could approach the court concerned seeking to expunge the remarks. The single judge also noted the submission of Swain's counsel that he will proceed to delete some of the objectionable tweets. Swain, who said a "non-speaking" order was passed by the Centre, argued before the single judge that his 78-year-old mother, who lived in India, was unwell and despite being the only son, he hadn't been able to visit India in the past three years. "Although, it is the alleged case of the respondent that the petitioner was blacklisted for anti-India activities for allegedly spreading detrimental propaganda through his writings and speeches in various public fora, the impugned order is bereft of any particular incidence/tweet/writing or reason, which remotely demonstrates the contention of the respondent No. 3 ," the plea said. The July 30, 2023, order, the plea claimed, did not pass the muster of a well-reasoned order for it failed to disclose material justifying the cancellation of the petitioner's OCI card. Swain said being an academician, he analysed and criticised certain policies of the present government and that he couldn't be made to suffer for his views on them. "Criticism of certain policies of the government would not amount to being an inflammatory speech or an anti-India activity," the petition said. Swain, professor and head of the department of peace and conflict research at Uppsala University, Sweden, earlier moved the high court challenging the cancellation of his OCI card through a February 8, 2022, order of the Central government. The high court on July 10, 2023, set aside the government's order, saying it did not give reasons and "hardly gave any indication of application of mind". The high court directed the Centre to pass a detailed order within three weeks, giving reasons for exercising its powers under the Citizenship Act, 1955. The petition said despite such specific and unequivocal directions of the high court to pass a detailed order, the authorities padded the July 30, 2023, order in a "callous" manner by merely paraphrasing the provisions of the law.
Indian Express
23-04-2025
- Politics
- Indian Express
Delhi HC refuses to expunge observation on ‘objectionable tweets' of Swedish professor Ashok Swain
The Delhi High Court Wednesday refused to expunge remarks of a single judge against Indian-origin Swedish professor Ashok Swain, where it was observed that, prima facie, some of his posts contained 'objectionable insinuations, and can be construed as undermining the constitutional apparatus and legitimacy of the Indian State itself.' A single bench court of Justice Sachin Datta in an order on March 28, while setting aside the Centre's cancellation of Swain's Overseas Citizenship of India (OCI) registration, had made the observation. Swain moved an appeal seeking that the observation be expunged. Taken up before a bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela, the bench pointed out that the single judge's order, however, concludes the verdict with a disclaimer that nothing in the order shall be construed as an opinion on the merits of the case. The bench expressed that it is not inclined to entertain the appeal, following which Swain's counsel withdrew the case. On March 28, the Delhi High Court set aside a July 2023 order cancelling Swain's OCI registration, and also set aside the procedure followed by authorities to issue the cancellation. This was the second time that the High Court was setting aside an order cancelling Swain's OCI; the first order from February 8, 2022, was set aside by the court on July 10, 2023. Justice Datta had granted the authorities liberty to issue a fresh show cause notice to Swain, indicating the allegations against him, and providing relevant materials/writings to Swain, 'thus, enabling him to present his explanation, if any.' Swain was granted Swedish citizenship in 2006, and registered as OCI in January 2020. On November 6, 2020, he received a show cause notice from the Embassy of India to Sweden and Latvia, notifying that his OCI card was liable to be cancelled as he had indulged in inflammatory speeches and anti-India activities.
