Delhi High Court Refuses To Expunge Single Judge Observations On 'Objectionable' Tweets By Academic Ashok Swain

The Delhi High Court on Wednesday rejected an appeal moved by academic and writer Ashok Swain seeking expunging of remarks made by a single judge while adjudicating his case against OCI card cancellation, that prima facie some of his tweets contained objectionable insinuations undermining the constitutional apparatus and legitimacy of India.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela remarked that the single judge himself had clarified in the order that nothing shall be construed as an expression of opinion as regards the merits of allegations against Swain or to assess if the allegations were sufficient to revoke his OCI card.

Swain had moved the single judge against cancellation of his OCI card. Last month, the order of Central Government to cancel his OCI card was set aside. The single judge had said that the concerned authority would be at liberty to pass a fresh order as it thinks fit after considering the reply or explanation, if any, furnished by Swain.

Swain today approached the division bench seeking expunging of the remarks made by the single judge that some of his tweets can be construed as undermining the constitutional apparatus and legitimacy of the Indian State itself. Some of the tweets also contain a disparaging reference to the Indian armed forces and law enforcement agencies, the single judge had said.

The division bench said that the single judge order clarifies everything and that Swain can approach the concerned judge for expunging the remarks.

The bench also noted that the single judge recorded that Swain's counsel had said that some of the tweets in question will be deleted.

Swain's counsel today said that though the tweets have been deleted, the matter has been remanded back to the authorities and the single judge's impugned observations may be used as a handle by the authorities while doing fresh objective determination of his OCI card cancellation issue.

The bench then said that the observations were not held as a matter of fact and were only prima facie findings which the judge is entitled to have.

“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.

Accordingly, the counsel proceeded to withdraw the appeal. The appeal is dismissed as withdrawn, the Court said.

Before the single judge, Swain contended that he cannot be witch-hunted for his views on current government or its policies.

The single judge had said that even though Swain's tweets, prima facie, undermine the constitutional apparatus and legitimacy of the Indian State itself, but the authorities must grant him an effective opportunity to furnish an explanation or to take remedial steps.

The impugned order was passed on July 30, 2023, after a coordinate bench on July 10, 2023, had quashed an earlier similar order cancelling Swain's OCI card.

While doing so, the Court had asked the Central Government to pass a detailed order giving reasons for exercising its powers under Section 7D(e) of the Citizenship Act, 1955.

In his subsequent petition, Swain had said that despite “specific and unequivocal directions” of the court to pass a detailed order, the Embassy of India to Sweden & Latvia passed the the fresh order in a “callous manner” by merely para-phrasing the provisions of law.

Title: Ashok Swain v. Union of India

Citation: 2025 LiveLaw (Del) 461