Delhi HC seeks Centre's response on plea by Ashok Swain against cancellation of OCI card

Tags: National News

The Delhi High Court on 8 December sought response of the Central Government on the plea of Ashok Swain against the cancellation of the Overseas Citizen of India (OCI) card.

Important facts

• Justice Prathiba M Singh issued notice on the petition by the Sweden resident and granted four weeks' time to the Centre to state its stand.

• The petitioner is a professor at Uppsala University in Sweden.

• He said in his petition that as per the show cause notice issued in 2020, his OIC card was arbitrarily stopped on the alleged grounds that he was involved in inflammatory speeches and anti-India activities.

• Subsequently, on February 8 this year, the authorities cancelled the OCI card of the petitioner, which was in violation of his right to free movement.

• The petition alleged that the order of cancellation of OCI card is illegal, arbitrary and illegal.

• The petition states that a scholar has an important role in the society to discuss and criticise the policies of the government through his work.

• Mere criticism of the policies of the present ruling dispensation does not amount to anti-India activity under Section 7D(e) of the Citizenship Act, 1955.

Who is an Overseas Citizen of India (OCI)?

• OCI is defined as a person who was a citizen of India on or after 26th January, 1950 or eligible to become a citizen of India on that date or belonging to any territory that became part of India after 15th August, 1947 or a child or grandchild of such a person, who fulfils the other eligibility criteria.

• The OCI category was introduced by the Government of India in the year 2005.

• An applicant shall not be eligible for an OCI card if he or his parents or grandparents, great-grandparents have ever been a citizen of Pakistan or Bangladesh or any other country notified by the Government of India in the Official Gazette.

• OCI cardholders can enter India, obtain a Multipurpose Lifelong Visa to visit India and do not even need to register with the Foreigners Regional Registration Office (FRRO).