Immigration Policy – Delhi High Court Gives Centre More Time in Ashok Swain Case
Immigration Policy – Legal proceedings related to overseas citizenship and immigration restrictions in India continue to draw attention after the Delhi High Court allowed the Centre additional time to respond in a case involving academician Ashok Swain.
Court Allows Additional Time for Centre’s Reply
The Delhi High Court on Wednesday granted the Union government two more weeks to submit its response to a petition filed by Sweden-based academic Ashok Swain. The matter concerns an alleged blacklisting order that reportedly stopped him from entering India.
Justice Purushaindra Kumar Kaurav accepted the request made by the Centre’s counsel seeking more time to file the reply. The court subsequently scheduled the next hearing in the matter for July 23.
Petition Challenges Alleged Blacklisting Order
Ashok Swain, who heads the Department of Peace and Conflict Research at Uppsala University in Sweden, approached the high court challenging what he described as a blacklisting directive issued under the Foreigners Act. According to his petition, the existence of the alleged order became known through a counter affidavit submitted earlier by the Central government in connected proceedings.
Swain has argued that the purported blacklisting decision effectively prevented him from entering India despite his long-standing ties with the country. The petition seeks judicial scrutiny of the legality and basis of the alleged restriction.
OCI Card Cancellation Also Under Challenge
The case also involves the cancellation of Swain’s Overseas Citizen of India (OCI) card. As stated in the petition, the Embassy of India to Sweden and Latvia revoked his OCI status on February 8, 2024, under provisions of the Citizenship Act.
The OCI scheme allows foreign citizens of Indian origin certain travel and residency benefits in India. Cancellation of such status can significantly affect an individual’s ability to travel, work, or maintain connections within the country.
Earlier Notice Issued by High Court
The Delhi High Court had earlier issued notices in November last year to several authorities, including the Ministry of Home Affairs, Ministry of External Affairs, Bureau of Immigration, and the Indian Embassy in Sweden and Latvia. The court had directed them to file their responses within a specified period.
However, during the latest hearing, the government requested additional time to prepare and submit its reply. The court accepted the request and deferred further proceedings until July 23.
Focus on Immigration and Legal Procedures
The matter has attracted attention because it involves questions related to immigration controls, OCI cancellation procedures, and the legal rights available to overseas Indians and foreign nationals of Indian origin. Legal experts say the case may clarify how blacklisting orders and OCI-related decisions are communicated and challenged in court.
The proceedings are expected to continue later this year once the Centre submits its detailed response before the high court.