Delhi High Court Seeks Centre's Reply To Ashok Swain's Plea Against 'Continuous Restraint' On Entering India Despite OCI Card Restoration

Academician and writer Ashok Swain on Friday moved the Delhi High Court against the alleged continuous restraint imposed upon him from entering India, despite a judicial order quashing Central Government's directive cancelling his OCI card.

Justice Sachin Datta today issued notice on the plea and sought response of Union Government through Ministries of Home Affairs and External Affairs, Embassy of India to Sweden & Latvia and Bureau of Immigration.

The matter is now listed on December 18.

For context, on March 28, Justice Datta had quashed the Centre's order cancelling Swain's OCI card.

While doing so, the Court had said that the authority would be at liberty to pass a fresh order as it thinks fit after considering the reply or explanation, if any, furnished by Swain.

The Centre's order in question was passed on July 30, 2023, after a coordinate bench on July 10, 2023, had quashed an earlier similar order cancelling Swain's OCI card.

In doing so, the Court had asked the Central Government to pass a detailed order giving reasons for exercising its powers under Section 7D(e) of the Citizenship Act, 1955.

In his plea, Swain now has said that the authorities are acting pursuant to an undisclosed “blacklisting” order, the contents of which have not been communicated to him.

He has said that the Union Government has failed to provide any specific reasons or offer him an opportunity for a hearing, which is in direct violation of the due process guaranteed by the proviso to Section 7D of the Citizenship Act, 1955, Article 14 and Article 21 of the Indian Constitution.

The petition seeks a direction on the authorities to allow Swain to enter Indi on his OCI card as well as quashing of the Blacklisting Order.

“…. 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 Hon'ble Court. Such opacity by the Respondents epitomises arbitrariness and the denial of case particulars and refusal to supply evidence vitiates all administrative action under Article 14,” the plea states.

The Embassy of India to Sweden and Latvia on February 08, 2024, had cancelled Swain's OCI Card under Section 7D(e) of the Citizenship Act.

Title: Case Title: Ashow Swain v. Union of India & Ors