Deciding Authority: The Supreme Court of India
Name of the Judges: Doraiswamy Raju & Ashok Bhan
Date of Judgement: 02/04/2002
Facts:
The appellant No. 1, Bhanwaroo Khan and the appellant No. 2 – wife of the appellant No. 1, are said to be residents of Village Hammoosar, Tehsil Ratangarh, in the State of Rajasthan and at present residing at Sardar Sahar, District Churu, Rajasthan. They had left India after partition of the country and became citizens of Pakistan. After obtaining passports from the Pakistan as nationals/citizens of Pakistan and after obtaining visas from Indian High Commission in the year 1955, the appellants entered India via Atari Check Post, Border of Punjab on 12th February, 1955. According to the procedure a foreigner coming from Pakistan is required to attend the office of the Registration authority of the District in which they have to stay. The appellants reported to the District Superintendent of Police, Churu on 14th February, 1955 about their arrival to India and an entry was made in the Register of Foreigners visit on Serial No. 31. The appellants thereafter reported at the Police Station, Ratangarh on the same day. Again on 7th May, 1955 the appellants attended the Police Station, Ratangarh and informed that they were leaving India for Pakistan by night train and accordingly an entry was made in the Register at Serial No. 6. Instead of returning back to Pakistan the appellants kept themselves underground. In 1984 a Pakistani national was arrested at Sardarsahar. Being afraid of arrest and after consultation the appellants applied to the State Government for registration as citizens of India. On this, Home Department sent a message No. F.1(4) Home/Gr.IV/84 dated 13.3.1984 (Annexure R-6) to the Superintendent of Police, Churu, State of Rajasthan, mentioning that Bhanwroo Khan was a national of Pakistan. At that time no case was pending with the Superintendent of Police, Churu. Superintendent of Police, Churu by his wireless message dated 15th March, 1984 gave his reply. On the receipt of the reply, the Home Department demanded a detailed note in the matter. On receipt of instructions S.H.O. Police Station Ratangarh and Sardarsahar conducted a detailed enquiry, report of which was sent to the Home Department through Superintendent of Police, Churu. On receipt of the enquiry report the Home Department wrote to the Superintendent of Police, Churu to keep a close watch on the appellants till decision is taken by the Government. Superintendent of Police, Churu on 29th January, 1987 issued notices and sent to S.H.O. Police Station Sardarsahar for service. The service of these notices were effected on 22nd February, 1987. Immediately after the service of notices by the Superintendent of Police, Churu the appellants filed the Writ Petition No. 837 of 1987 dated 10th July, 1987 in the High Court of Rajasthan alleging therein that they had acquired the citizenship of India and they were being unnecessarily harassed by the Police. This judgment shall dispose of Civil Appeal No. 10224 of 1995 directed against the Division Bench Judgment of the Rajasthan High Court arising from Civil Writ Petition No. 837 of 1987 decided on 17th May, 1994 and Writ Petition (C) No. 737 of 1995 filed in this Court challenging the order made by the Government of India (Annexure D in the writ petition) dated 21st July, 1995 determining the national status of the petitioners under Section 9 (2) of the Citizenship Act, 1955 (for Short “the Act”).
Judgement:
The crux of Section 9(2) of the Indian Citizenship Act, 1955 pivots around the fact that whenever a citizen of India obtains passport from any other authority of any other country, that individual is believed to be the citizen of that country. In this case, there is no dispute in this case that the applicants went to Pakistan and acquired the Pakistani passport voluntarily. They stayed there for three years which is not a short period. They obtained Pakistani passport after applying for it and after declaring themselves as Pakistani nationals. Further, the applicants have failed to adduce any documentary evidence to show that the Pakistani passport was obtained in fraud or under compelling circumstances, there may not be any hesitation whatsoever in declaring them Pakistani nationals. A constitution Bench of this Court in Izhar Ahmad Khan & Ors. Vs. Union of India & Ors., AIR 1962 SC 1052, considered the validity of Rule 3 of Schedule III of the Citizenship Rules and the order passed under Section 9 (2) of the Citizenship Act, 1955 by declaring that the impugned rule is a rule of evidence and falls within the scope prescribed by S. 9 (2). The Supreme Court held that the conclusive presumption could be raised of the fact that a citizen of India who has obtained on any date a passport from the Government of another country of having voluntarily acquired the citizenship of that country before that date. Hence, the Court does not find any infirmity with the High Court’s impugned order.
Decision:
The appeal is dismissed.
Sudipta Bhowmick, 4th Year, KIIT School of Law.
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