Ashok Swain, a professor at Uppsala College in Sweden, who is understood for his anti-India and anti-Hindu perspectives, has approached the Delhi Top Courtroom difficult the union executive’s resolution to cancel his Out of the country Citizenship of India (OCI) card. Swain has argued that his OCI card has been cancelled arbitrarily, and claims that this cancellation violates his basic proper to unfastened motion and different rights.
Responding to the petition, the Top Courtroom has issued a realize to the Union House Ministry and Embassy of India to Sweden and Latvia, asking them to post a reaction inside 4 weeks. Ashok Swain lives in Sweden and his OCI card was once cancelled via the Indian embassy to Sweden and Latvia. The topic has been indexed for listening to on February 7.
Consistent with the petition, Ashok Swain was once issued an OCI card in January 2020, however in October in the similar yr, he won a show-cause realize from the Indian Embassy barring the OCI card, pronouncing that he was once indulging in inflammatory speeches and anti-India actions. He replied to the awareness denying the allegations in November 2020. He additionally claims that no particular incidents of his anti-India actions have been discussed within the realize
The petition additional states on February 8 this yr, his OCI card was once cancelled via the Embassy of India to Sweden and Latvia, beneath Segment 7D(e) of the Citizenship Act, 1955.
What Ashok Swain claims
After that, he moved the Delhi Top Courtroom difficult the cancellation, and argued that he was once being ‘witch hunted’ via the Modi executive and that his OCI card have been cancelled arbitrarily. Responding to the allegation of inflammatory speeches and Anti-India actions, he mentioned that as a pupil, it’s his activity to criticise governments. He claimed that he best criticises the Modi executive and its insurance policies, and subsequently he can’t be held accountable of indulging in anti-India actions beneath Segment 7D(e) of the Citizenship Act, 1955.
Ashok Swain additionally claimed that the motion violates his basic proper to unfastened motion and different rights accorded to him via distinctive feature of his OCI standing. He additionally mentioned within the plea that he has an ill mom of about 77 years previous in India who’s affected by more than a few clinical diseases, and he has to consult with her urgently. However because the OCI card is cancelled, he can’t trip to India to satisfy his mom, he claimed.
A number of other folks additionally claimed on social media that Ashok Swain has been banned from coming into India.
What’s OCI card and what does its cancellation imply?
OCI card is issued to other folks of Indian foundation and their spouses who’re voters of different international locations, letting them reside in India for an indefinite time frame. Other folks with having OCI playing cards wouldn’t have to procure visas to trip to India, they are able to trip the use of the OCI card and their overseas passport, and subsequently it lets in them hassle-free access into the rustic.
The OCI card does now not grant Indian citizenship, vote casting rights, proper to contest elections or dangle public administrative center to its holders. Subsequently, an OCI card is extra like an everlasting visa to India with an entire life place of abode allow, with out requiring a visa stamp at the passport. The federal government of India holds the appropriate to cancel OCI playing cards granted to any individual.
When an OCI card is cancelled, the holder of that card loses the appropriate to visa-free access into India and the appropriate to live in India indefinitely. However, importantly, it does now not bar that particular person from coming into India like Ashok Swain is suggesting. After the OCI card is cancelled, he’s now an ordinary particular person of Indian foundation, and there is not any ban on his access into India.
Cancellation of OCI card manner he can’t input India with out a visa, however he can download a visa and trip to India, identical to any foreigner, together with Indian foreigners who’ve now not bought the cardboard. After coming into India, Ashok Swain can keep for the time frame stipulated within the visa.
Subsequently, the declare that the cancellation of the OCI card violates his basic proper to unfastened motion and different rights is totally false and mistaken. The Cancellation of the OCI card does now not violate any basic proper, as a result of this is a privilege granted to foreigners of Indian foundation via the Indian executive, and it isn’t a basic proper or another proper. You will need to observe that the OCI card is a privilege, it isn’t a proper.
Most effective the ease of visa-free trip has been taken away, and there’s completely no bar on his unfastened motion in India simply because his OCI card has been scrapped. Subsequently, it’s mistaken to assert that he can’t consult with his ill mom as a result of he does now not have the OCI card. He can simply get a visa to India and consult with his mom, there is not any ban on that.
It will be important that the OCI card facility was once presented best in 2005, and other folks of Indian foundation have been travelling to India the use of common visas ahead of that. Additionally, Ashok Swain himself mentioned that he was once issued the cardboard best in January 2020, and it was once barred after 10 months.
Consistent with the stories, Ashok Swain resides in Sweden for the closing 32 years after acquiring his PhD from JNU in 1991. This implies, from the time he surrendered his Indian citizenship until January 2020, he was once visiting India with out an OCI card, the use of the common visa course. Subsequently, the declare that he can’t consult with India for cancellation of the OCI card issued simply two years in the past is totally false and baseless.
Ashok Swain and anti-India actions
Ashok Swain says that he best criticises the federal government and does now not make anti-India feedback, that declare is totally mistaken, and he’s continuously stuck spreading anti-India hatred and sharing faux information that paints India as an anti-Muslim nation.
Simply a few days in the past, he shared a video claiming {that a} guy was once overwhelmed for being Muslim. Sharing a video, he tweeted, “Every other day, some other lynching! Yet one more Muslim guy being lynched in Maharashtra, India.” Whilst the person survived, he falsely claimed that it was once a lynching, then again, he corrected this in a next tweet. And the person was once now not overwhelmed for being Muslim, he was once overwhelmed at the suspicion of being a thief.
Ashok Swain has shared an identical faux claims previous additionally, labelling random acts as anti-Muslim acts. Previous in 2019, he had claimed {that a} Muslim boy was once set on hearth for now not chanting Jai Shri Ram, when the truth is that the boy had set himself on hearth in a dargah.
In India other folks continuously take the regulation into their palms after catching a thief, pick-pocketer and many others, and maximum instances the mob does now not even know the faith and different identities of such other folks. But when such culprits occur to be Muslim, other folks like Ashok Swain declare they’re attacked for being Muslim. The one explanation why to do that is to color India as an anti-Muslim nation. Subsequently, it’s surely an anti-India job.
Ashok Swain additionally sought after ‘Muslim Lives Topic’ protests in India to protest towards meant extra-judicial killings of Muslims within the nation. He had in Might 2020 mentioned that the ‘Black Lives Topic’ protests in the United States after the loss of life of George Floyd wish to be replicated in India to “oppose extra-judicial killings of Muslims within the nation”. At the moment, ‘Black Lives Topic’ protests intended riots and violence, the place the protestors vandalised and looted retail outlets. They’d clashed with police, set automobiles, structures together with a number of police stations and clinical retail outlets on hearth.
He sought after such riots and arson via Muslims and supporters of Muslims in India, which may also be surely referred to as an anti-India job.
Ashok Swain additionally continuously posts Hinduphobic tweets and mocks BJP, RSS, Narendra Modi and different leaders the use of condemnable phrases. He denies that Muslim rulers had destroyed and looted Hindu temples, and he denies that there was once a genocide of Kashmiri Pandits. He had referred to as LTTE a Hindu terror organisation or even blamed Hindutva for the Covid-19 pandemic. He additionally praises Pakistan whilst criticising India, which signifies the route of his loyalty.
His feedback surely come beneath hate speech, and the govt. has the appropriate to cancel his OCI card bringing up the similar.