Justice Sindhu Sharma
"They Ceased To Be Indian Citizens": Jammu & Kashmir & Ladakh High Court Upholds Deportation Of Pakistani Nationals Who Entered India On Visa In 1988
|The Court held that the Petitioners, who had entered India on Pakistani passports and acquired Pakistani citizenship, ceased to be Indian citizens under Section 9(1) of the Citizenship Act and had no legal right to remain after expiry of their visa and permits.
The High Court of Jammu & Kashmir and Ladakh has upheld the deportation of two Pakistani nationals who had entered India on valid visas in 1988. Dismissing their challenge, the Court held that they had voluntarily acquired Pakistani citizenship and thereby ceased to be Indian citizens under Section 9(1) of the Citizenship Act, 1955. Their continued stay in India was not supported by any valid legal right after the expiry of their residential permits.
A Single Bench of Justice Sindhu Sharma observed, “Petitioner No. 1 ceased to be a citizen of India as he migrated to Pakistan and is a citizen of Pakistan. Petitioner No. 2 has voluntarily acquired the citizenship of Pakistan after her marriage and their son is a citizen of Pakistan by birth. Therefore, immediately upon acquiring the citizenship of Pakistan, they cease to be citizens of India.”
The Court added, “Voluntary acquisition of citizenship of another country by an Indian citizen results in the termination of his Indian citizenship.”
Advocate Mohammad Altaf Khan appeared for the Petitioners, while Senior Additional Advocate General Mohsin Qadiri represented the Respondents.
Brief Facts
The Petitioners, husband and wife, were originally born in Srinagar in 1945 and 1962, respectively. Petitioner No. 1 had migrated to Pakistan during the 1948 conflict and later acquired Pakistani citizenship. Petitioner No. 2 was an Indian passport holder, but after marrying Petitioner No. 1 in Rawalpindi in 1986, she also acquired Pakistani citizenship.
In July 1988, they entered India with their minor son on Pakistani passports and short-term Indian visas. Residential permits were issued by the CID, and they were granted three visa extensions until November 1988. Subsequently, they made a representation seeking resumption or grant of Indian citizenship.
While the matter was pending, the Home Department issued an order dated September 13, 1989, directing their deportation. Challenging this order, the Petitioners filed a writ petition seeking to quash the deportation and allow them to remain in India.
Reasoning of the Court
The Court held that the acquisition of Pakistani citizenship by the Petitioners meant they no longer had any claim to Indian citizenship. Referring to Section 9(1) of the Citizenship Act, 1955. It observed, “The Petitioners have acted in their own volition, acquired the citizenship of a foreign Country. Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the Petitioners are not citizens of India and, as such, orders to deport them were valid.”
The Court rejected the argument that a formal determination under Section 9(2) was necessary, noting that the facts were not in dispute and supported the application of Section 9(1).
The Court further noted, “There is nothing on record to suggest that their request for grant of citizenship of India has been accepted. They are staying in India on the strength of Pakistani passports, the period of which has expired and after expiry of the extension of their stay they had to return to their country.”
The Court referred to the Supreme Court’s judgment in Izhar Ahmad Khan v. Union of India (1962), wherein it was observed that the voluntary acquisition by an Indian citizen of the citizenship of another country terminates his citizenship of India, provided the said voluntary acquisition has taken place between the 26th January, 1950 and the commencement of the Act, or takes place thereafter.
Finding that the Petitioners’ Indian citizenship had ceased and no legal right remained to stay in the country, the Court dismissed the petition
Cause Title: Mohd Khalil Qazi & Anr. v. State of Jammu & Kashmir & Ors. (OWP No.114/1990)
Appearance:
Petitioners: Advocates Mohammad Altaf Khan, Hashir Shafiq
Respondents: Senior AAG Mohsin Qadiri; DGSI T.M. Shamsi; Advocate Maha Majeed, Sahila Nissar