Delhi High Court Declines Ashok Swain’s Plea to Remove Prima Facie Remarks on 'Objectionable' Tweets

The Delhi High Court has refused to expunge observations made by a single judge concerning tweets by academic and writer Ashok Swain, which were deemed, at first glance, to undermine India's constitutional framework and legitimacy. Swain had sought removal of these remarks, made during proceedings against the cancellation of his Overseas Citizen of India (OCI) card.

A division bench led by Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela ruled that the single judge's remarks were merely prima facie observations and not conclusive findings. They pointed out that the single judge had expressly clarified that his comments should not be interpreted as an opinion on the merits of the allegations or their sufficiency for revoking Swain's OCI status.

Previously, Swain had contested the government's decision to cancel his OCI card before the single judge. Although the court had set aside the cancellation order last month, it allowed authorities to reconsider the matter, giving Swain an opportunity to respond or clarify.

Following this, Swain appealed to the division bench to expunge the single judge’s remarks regarding certain tweets that allegedly discredited the Indian State and made derogatory references to the armed forces and law enforcement agencies. His counsel argued that, despite deleting the contentious tweets, the remarks could prejudice the authorities' fresh assessment of his OCI status.

The division bench, however, reiterated that the observations were merely tentative, noting that the judge had used cautious language like "appears" rather than asserting firm conclusions. "They are only prima facie opinions. It is not even a firm opinion," the Court observed.

Acknowledging the clarification, Swain's counsel ultimately withdrew the appeal, leading the Court to dismiss it as withdrawn.

Before the single judge, Swain had argued that his views critical of the government could not justify punitive action against him. The single judge, while noting that some tweets prima facie challenged the State's constitutional legitimacy, emphasized that Swain must be given an adequate chance to explain or remedy the situation.

The order under challenge was originally passed on July 30, 2023. It followed a previous directive from another bench on July 10, 2023, which had set aside an earlier OCI cancellation order, instructing the government to issue a reasoned decision under Section 7D(e) of the Citizenship Act, 1955.

Swain, in his latest petition, alleged that despite the Court's direction for a detailed, reasoned order, the Embassy of India to Sweden and Latvia had passed a fresh order that merely paraphrased the law without meaningful engagement.

Case Title: Ashok Swain v. Union of India

Citation: 2025 LiveLaw (Del) 461