Apex Court Issues Notice In Plea By Minorities From Bangladesh & Pakistan Fearing Exclusion From SIR Due To Delay In Issuing Citizenship Certificates

It was submitted by the Petitioner that the affected persons are already recognised by Parliament as persecuted minorities of Afghanistan, Bangladesh and Pakistan who entered India deserving protection and integration, are now exposed to the risk of statelessness, social exclusion, and disenfranchisement.

The bench of Chief Justice JK Maheshwari and Justice Joymalya Bagchi ordered, “Issue Notice. List on 09.12.2025.”

Senior Advocate Karuna Nandy appeared on behalf of the Petitioner and submitted, “I am for mainly Hindus but also for Buddhists, Christians, etc. from Bangladesh…Now we came to this country because we were told that we would be given protection…but even though we came prior to 2014, our applications have not been yet processed. We do not have protection under CAA. I am seeking what is already given in Basudev judgment, and I should be provisionally on the SIR."

Chief Justice Kant, while ordering that the case be listed with the batch of cases pertaining to SIR, remarked, “On that day, you please remind us. We will allow you to raise this argument. Our problem is that we can’t really draw distinctions only because someone is Jain, Buddhist or Hindu. So the concept of deemed citizenship is there, for those who are persecuted…but right has to be seen on a case-to-case basis.”

A PIL is filed on behalf of several persons who are covered by the Proviso to Section 2 (l)(b) of the Citizenship Act, 1955. It is stated that these persons, being the persecuted minorities of the neighbouring countries, mostly belong to the weaker section of society. It is also stated that several persons have already applied under Section 6B for the grant of a certificate of registration or certificate of naturalisation, and several others are waiting to apply. These persons have been residing in India for several years, and their names are already appearing in the Electoral Roll of 2025.

The Plea, filed by AOR Anish Roy, reads, “The delay in Issuance of citizenship certificates, coupled with the non-recognition of acknowledgement receipts during the ongoing Special Intensive Revision (SIR), has created a serious constitutional crisis. The affected persons, already recognized by Parliament as persecuted minorities of Afghanistan, Bangladesh and Pakistan who entered India deserving protection and integration, are now exposed to the risk of statelessness, social exclusion, and disenfranchisement.”

It is also alleged, "The respondents' omission/inability to issue timely citizenship certificates has concerned the petitioner and despite being protected by the Second Proviso to Section 6B(3) it apprehends that the ongoing delay and non- recognition of application receipts during the Special Intensive Revision (SIR) might result in large-scale disenfranchlsement and loss of citizenship rights, which would hinder the social integration and economic rehabilitation of refugees and persecuted minorities. The persons, for whom the Public Interest Litigation has been filed, are panic-stricken about the outcome of Special Intensive Revision (SIR). Several newspaper reports are, there, where panic-stricken persons have committed suicide.”

The petition sought direction to the authorities to expedite the issuance of a citizenship certificate to such persons in furtherance of the application seeking naturalization as a citizen of India, to enable the applicants to submit information in the ongoing SIR verification process, and extension of time for submission of Information in the ongoing SIR verification process to the class of such persons.

It is further stated in the plea, "The acknowledgement receipt generated upon online submission serves as the primary and official proof of an application under the Citizenship (Amendment) Rules, 2024. In the absence of final disposal within, a fixed period, such receipts must be treated as valid provisional proof of pending citizenship determination, at least for limited civil purposes such as inclusion or retention in the electoral rolls during Special Intensive Revision (SIR). Non-recognition of these receipts would effectively penalize applicants for administrative delay beyond their control, which is constitutionally impermissible...that the delay in application processing violates the doctrine of legitimate expectation, as the applicants, acting in good faith upon procedures under the portal, reasonably expected that their applications would be examined and decided within a fair and predictable timeframe consistent with the 2009 Rules."

The Petitioner herein had also approached the Calcutta High Court, which refused to pass any orders in favour of the Petitioner. The High Court had observed, "On a specific query from the Bench, no pleading or proof could be shown to us that the above second condition has been satisfied by these applicants. In the absence thereof, second proviso of Section 6B cannot be pressed into service...Needless to emphasise that cases regarding Citizenship Act are based on the peculiar factual backdrop of each case. The date and mode of entry to India may vary from case to case. Similarly, where there exists an exemption under any law the date and nature of exemption may also vary from person to person. Thus, these aspects cannot be looked into in a Public Interest Litigation. The individual person if aggrieved, may file appropriate proceeding."

The PIL is now listed for hearing, along with similar petitions, on a later date.

Cause Title: Aatmadeep v. The Union of India and Ors. [SLP (C) No. 34474 of 2025]