IMPORTANT POINT
Where appellants (formerly Indian Citizen) failed to prove that they had not voluntarily migrated to Pakistan and had obtained the Pakistani Passports under compelling circumstances their claim to be Indian Citizens under Section 9(2) of Citizenship Act, 1955 deserves to be rejected on the facts and circumstances of this case.

Headnote:Citizenship Act, 1955-Section 9(2)-Citizenship Rules, 1956-Rule 3 of Schedule III-Determining the national status of petitioners/appellants-Appellants (Husband and Wife) born in India to Indian Parents-Their brothers and sisters living in India-All their children born in India and living in India-They Migrated to Pakistan on Partition voluntarily and became its citizen-Coming to India after obtaining Pakistani passports-On expiry of period not returning to Pakistan and becoming underground, when apprehended arrest then claiming Indian Citizenship-Authorities rejecting their application under Section 9(2)-Writ petition to High Court-Rejected-Appeal against to Supreme Court as well as writ petition against order to Supreme Court-Whether appellants had abandoned their national Citizenship of India? (Yes)-Whether order of deportation to Pakistan needs any interference? (No)-Appeal as well as writ petitions dismissed AIR 1962 SC 1032 relied on-Whether application of appellants under Section 5 of the Act be decided in accordance with law? (Yes).
       Held : We do not find any infirmity in the order dated 21st July, 1995 determining the national status of the appellants under Section 9(2) of the Citizenship Act. Before us as well, the appellants failed to prove by any evidence whatsoever that they had not voluntarily migrated to Pakistan and had obtained the Pakistani passports under compelling circumstances. Rather their conduct after coming to India also shows that they had voluntarily migrated to Pakistan and obtained the passports from then Government of Pakistan after declaring themselves to be citizens of Pakistan. Soon after coming to India as per rules they got themselves registered with the concerned registration authority. On 7th May, 1955 on the expiry of the visa period they again went to the Police Station, Ratangarh and declared that they would be going back to Pakistan by the evening train. Instead of returning back to Pakistan they illegally stayed in India. Had the intention of the appellants been that they had not acquired the citizenship of Pakistan and the passport from that country voluntarily as has been projected before us then they would not have declared their intention of returning to Pakistan on the expiry of the visa period on 7th May, 1955. Further, they would not have gone undergound. Efforts would have been made by them way back in the year 1955, to acquire the citizenship of India afresh. The order passed by the Union of India is factually correct and in accordance with law. We agree with the High Court that a case for interference with the order of deportation is not made out. Long stay in the country and enrolment in the voters list would not confer any right to an alien to continue to stay in the country. We do not find any infirmity either with the reasoning adopted or the conclusion arrived at by the High Court, or even by the Government of India in its order dated 21st July, 1995 passed under Section 9(2) of the Citizenship Act, 1955. (Paras 14 and 15)
       Held also : No opinion on the merits or demerits of the application filed by the appellants under Section 5 of the Citizenship Act has been expressed. It would be open to the authorities to proceed and decide the application, if any, filed by the appellants under Section 5 of the Citizenship Act and decide the same (if not already decided) in accordance with law. (Para 16)
       Held finally : For the reasons stated above, we do not find any merit either in the appeal or in the writ petition and dismiss the same. The authorities are hereinafter put at liberty to act in accordance with law. (Para 17)

JUDGMENT

Bhan, J.-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").

2. The parties would be referred by their original status in the appeal as Appellant Nos. 1 and 2 (who are the writ petitioners Nos. 1 and 2) and the respondent as the Government of India.

3. 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 and 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 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.

4. 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. The two prayers made by the appellants in the writ petition were as follows :

"(a) by an appropriate, writ, direction or order the respondents may be prohibited from arresting and deporting the petitioners to Pakistan forcibly.

(b) the petitioners may be ordered to be treated as Indian citizens, or such relief which may be just and proper under the circumstances may be granted."

5. The writ petit

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2002 Supreme(SC) 425

Cases Referred (1)