9 months ago
Delhi HC Seeks Centre's Response on Professor Swain's Plea Against India Blacklisting
A professor named Ashok Swain, who is from India but now lives in Sweden, is asking a court in Delhi to let him come to India.
He has a special card called OCI that used to let him visit, but the government cancelled it.
He believes the government has also put him on a secret 'blacklist' so he can't enter the country at all, and they haven't told him why or given him a chance to explain.
This is preventing him from seeing his family.
The court has asked the government to explain their actions, and the case will be heard again soon.
This is similar to other academics and writers who have faced issues entering India.
The Delhi High Court has issued a notice to the Union government regarding a petition by Professor Ashok Swain against an alleged undisclosed blacklisting order that bars his entry into India.
Professor Swain, who holds Swedish citizenship, is challenging the order which he claims prevents him from entering India despite previous judicial orders quashing the cancellation of his Overseas Citizenship of India (OCI) card.
The Union government's previous actions against Swain, including OCI card cancellations, were reportedly based on allegations of his 'anti-India writing and inflammatory speeches' and 'illegal activities'.
Swain's petition argues that the lack of transparency and opportunity for a hearing regarding the blacklisting order violates his due process rights under Indian law.
The High Court has requested responses from the Ministry of Home Affairs, Ministry of External Affairs, the Indian embassy in Sweden, and the Bureau of Immigration, with the next hearing set for December 18.
- Who
- Sweden-based professor of Indian origin Ashok Swain
- What
- Challenging an alleged undisclosed blacklisting order that prevents his entry into India and seeking the quashing of this order, while also seeking permission to enter using his Overseas Citizenship of India (OCI) card.
- Where
- Delhi High Court, India
- When
- The Delhi High Court issued a notice on Friday, with the next hearing scheduled for December 18. Swain has been unable to enter India for some time due to previous OCI cancellations.
- Why
- Swain claims the blacklisting order is undisclosed and arbitrary, violating due process. The Union government has previously cited his 'anti-India writing and inflammatory speeches' and 'illegal activities inimical' to India's interests as reasons for its actions.
Professor Ashok Swain
Union Government
Blacklisting Order and Due Process
Professor Ashok Swain
Professor Swain contends that he is being subjected to an undisclosed blacklisting order, that its contents have not been communicated to him, and that this prevents him from entering India. He argues that this lack of transparency and opportunity for a hearing violates due process under the Citizenship Act and the Constitution.
Union Government
The Union government previously cited Swain's 'anti-India writing and inflammatory speeches' and 'illegal activities inimical' to India's interests as reasons for past actions, and has passed subsequent orders to cancel his OCI card after previous ones were set aside.
Basis for OCI Cancellation
Professor Ashok Swain
Swain claims his OCI card was cancelled due to his statements critical of the Bharatiya Janata Party government.
Union Government
The government's stated reasons for cancelling Swain's OCI card included allegations of inflammatory speeches and promotion of 'anti-India' activities.
Key facts
- Professor's Name
- Ashok Swain
- Affiliation
- Professor of Peace and Conflict Research, Uppsala University, Sweden
- Citizenship
- Swedish
- OCI Status
- Challenging its cancellation and alleged blacklisting
- Legal Challenge
- Petition against undisclosed blacklisting order preventing entry to India
- Court
- Delhi High Court
- Next Hearing Date
- December 18
Quotes
Ashok Swain's petition
The petitioner in the case before the Delhi High Court
“…. 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”
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“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.”
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Sources
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