Madras High Court Upholds Citizenship by Birth for Refugee's Son, Orders Passport Issuance

Madurai: The Madurai Bench of the Madras High Court has delivered a significant ruling affirming that a person born in India before July 1, 1987, is an Indian citizen by birth, irrespective of their parents' nationality. In a judgment delivered by Justice P.T. Asha, the court directed the Regional Passport Office to issue a passport to the son of Sri Lankan refugees, holding that his statutory right to citizenship cannot be negated by an adverse police report concerning his parentage.

Background of the Case

The petitioner, Gokuleswaran, was born on February 9, 1986, in Tiruchirappalli, India. His parents were Sri Lankan refugees residing in the Kottapattu Rehabilitation Camp. Citing his birth in India, Gokuleswaran claimed Indian citizenship under the Citizenship Act, 1955, and applied for a passport in February 2024.

However, his application was stalled after the Regional Passport Office received an adverse police verification report from the Commissioner of Police, Tiruchirappalli. The report described the petitioner with the remark "Suspect in Sri Lankan," effectively questioning his eligibility for an Indian passport due to his parents' nationality. Despite the petitioner providing all necessary documents, including a genuine birth certificate verified by the passport authorities themselves, the application remained unprocessed, prompting him to file a writ petition.

Arguments Presented

The petitioner's counsel, Mr. I.Romeo Roy Alfred, argued that the case was squarely covered by Section 3(1)(a) of the Citizenship Act, 1955. He contended that since the petitioner was born in India before the cut-off date of July 1, 1987, he is an Indian citizen by birth. This right, he argued, is absolute and not dependent on the citizenship status of his parents. The counsel cited the precedent set in Nalini vs. Regional Passport Officer (2022) , which upheld the same principle.

The respondents, including the Regional Passport Office and the Tiruchirappalli Police, initially maintained that the petitioner was ineligible due to his parents being Sri Lankan nationals. The police also noted that a criminal case was pending against him. However, during the proceedings, the Deputy Solicitor General of India, Mr. K.Govindarajan, fairly conceded that based on the date of birth, the petitioner was indeed a citizen of India by birth under the prevailing law.

Court's Analysis and Ruling

Justice P.T. Asha, after examining the records, found the petitioner's claim to be legally sound. The court noted that the authenticity of the petitioner's birth certificate, which confirms his birth in Tiruchirappalli on February 9, 1986, was verified and confirmed by the passport office itself.

The judgment centered on the clear and unambiguous language of the Citizenship Act. The court highlighted the pivotal legal provision:

> "Under Section 3(1)(a) of the Citizenship Act, 1955, any person born in India on or after 25.01.1950 but before 01.07.1987 is a citizen of India by birth, irrespective of the nationality of the parents."

The court concluded that since the petitioner's birth predates the 1987 amendment to the Act, his citizenship is established by the mere fact of his birth on Indian soil. The judgment emphatically stated:

> "Once citizenship by birth is established and the genuineness of the documents is verified, the adverse police report referring to his parents’ nationality cannot override the statutory right conferred by Section 3(1)(a)."

Final Decision

Allowing the writ petition, the Madras High Court directed the Regional Passport Officer, Tiruchirappalli, to process Gokuleswaran's application and issue him a passport within eight weeks. The decision reaffirms a crucial aspect of India's citizenship law and provides relief to individuals whose claims have been unjustly obstructed due to their lineage.