Haidar Khan @ Khaidar Khan v. The Union of India through Secretary, Deptt. of Home, Govt. of India
Case at a glance
Outcome
Disposed of
the writ application is disposed of with a direction to the
Provisions considered
- Citizenship Act, 1955 ss. 3(1)(a), 9(1)
Judgment
Central Government Counsel and learned counsel for the State. The petitioner seeks a direction to the respondents to grant him Indian Citizenship. The petitioner claims to have been born on 2.5.1958. His father Gul Khan was residing in undivided India and is stated to have married in India with an Indian woman in the 24 Parganas district of West Bengal from which marriage the petitioner claims to have born on 2.5.1958. With respect to the said fact the All India Pakhtoon Jirga-e-Hind has issued a certificate of identity dated 28.4.1984 to the petitioner. In the Patna High Court CWJC No.9693 of 2012 (5) dt.04-07-2013 2 absence of clear cut proof of Indian Citizenship by birth of the petitioner, he is being granted residential certificate by the Superintendent of Police, Munger from the year 1986 onwards and on the basis of which he has been allowed to live in India. The personal identity card bearing No.4 of 1986 has been issued to him giving various details by the Under Secretary, Home Department, Special Section (Passport), Bihar, Patna of the Government of Bihar.
The petitioner claims to have married in the year 1987 an Indian citizen, Raisa Khatoon, resident of Munger district. On the basis of the above facts, the petitioner claims that he has acquired Indian citizenship by birth under Section 3(1)(a) of the Citizenship Act, 1955 as it is provided therein that a person born in India on or after 26th day of January, 1950 and before the 1st day of 1987 shall be citizen of India by birth. However, since the authorities are not recognizing the petitioner as an Indian citizen by birth hence after his marriage to an Indian citizen he applied for Indian Citizenship under Section 5(1)(c) of the Citizenship Act. The same was forwarded by the District Magistrate, Munger to the Government of Bihar, Department of Home but on no action being taken by the respondents on the same, the petitioner has come to this Court. Patna High Court CWJC No.9693 of 2012 (5) dt.04-07-2013 3 In the counter affidavit filed on behalf of the Union of India, it is stated that since the petitioner has claimed in his application that he was born on 2.5.1958 in 24 Parganas, Calcutta and the documents forwarded along with the application do not indicate that the petitioner has attained citizenship of any other country since then by renouncing his Indian Citizenship under the provisions of Section 9(1) of the Citizenship Act, 1955 and the only paper relating to him being a foreigner is the Residential Certificate issued by the Foreigners Regional Registration Office in 1987 and these papers do not conclusively indicate his foreign nationality hence he does not seem to be a foreigner as per the said statements made in his application and it is also not clear as to how, when and why he was declared a foreigner, therefore, his application under Section 5(1)(c) is not entertain able and he is free to get his Indian Nationality determined under Section 9(2) of the Citizenship Act, if he has documents to prove that he was born on 2.5.1958 at 24 Parganas, Calcutta as indicated in his application and that he has not attained citizenship of any other country by renouncing his Indian Citizenship as per Section 9(1) of the Citizenship Act, 1955 for which the State Government has also been directed to ask the petitioner accordingly.
Operative part
Patna High Court CWJC No.9693 of 2012 (5) dt.04-07-2013 4 Faced with the aforesaid situation learned counsel for the petitioner submits that the petitioner is prepared to file an application under Section 9(2) of the Act but in case of failure in proving the facts as required, his application under Section 5(1)(c) should be considered as he is eligible for consideration on that ground also. On a consideration of the aforesaid stand of the parties, the writ application is disposed of with a direction to the petitioner to file an application under Section 9(2) of the Citizenship Act which shall be considered and disposed of by the respondents expeditiously, preferably within a period of four months from the date of filing of the application in accordance with law. It is further made clear that in case the said application is rejected, it shall be open to the petitioner to apply under Section 5(1)(c) of the Citizenship Act. (Ramesh Kumar Datta, J) spal/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the writ application is disposed of with a direction to the
Which statutory provisions did this judgment involve?
Citizenship Act, 1955 — ss. 3(1)(a), 9(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.