The Delhi High Court has rejected a request by academic and writer Ashok Swain to remove certain remarks made by a single judge in an earlier case related to the cancellation of his Overseas Citizen of India (OCI) card.
A Division Bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela observed that the single judge had already clarified that the remarks were not a final judgment but only a prima facie opinion.
“The single judge has clarified it and the observations made in para 31 are not findings. They are only prima facie opinion. It is not even opinion. The exact word is that it ‘appears’. It is not even tentative opinion,” the Court said.
Swain had previously approached the single judge after his OCI card was cancelled by the Central Government. On July 30, 2023, the Court had set aside the cancellation order but allowed authorities to issue a fresh decision after considering Swain’s response.
The single judge had noted that some of Swain’s tweets appeared to contain objectionable content that could undermine the constitutional structure and the legitimacy of the Indian State. The judge also remarked that some tweets had negative references to the Indian armed forces and law enforcement agencies.
Swain’s legal team argued that such remarks, even if not final, could still influence future decisions by the government on his OCI status. They pointed out that although the tweets had been deleted, the judge’s comments might be used against Swain when the authorities reconsider the matter.
“The matter has been remanded back, but the observations may be used as a handle by the authorities while doing fresh objective determination,” Swain’s counsel stated.
However, the Division Bench found no reason to interfere, emphasizing that Swain could approach the single judge if he still wished to seek removal of the remarks.
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In light of this, Swain’s counsel chose to withdraw the appeal. The Court then dismissed the case as withdrawn.
Earlier, the Court had instructed the Central Government to issue a reasoned order under Section 7D(e) of the Citizenship Act, 1955, following proper procedure and giving Swain a fair chance to respond.
“Even if tweets prima facie appear to undermine the constitutional apparatus, the concerned authorities must provide a proper opportunity to explain or take corrective measures,” the single judge had noted.
This case followed a July 10, 2023 decision, where a coordinate bench had already quashed a similar order cancelling Swain’s OCI card.
Title: Ashok Swain v. Union of India
