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IN THE HIGH COURT OF KARNATAKA
Ritu Raj Awasthi, S.R.Krishna Kumar, JJ.
Faheem Ahmed - Appellant
Versus
Union of India & Ors. - Respondents
Writ Petition No. 1030 of 2020 (GM-RES-PIL)
Decided On : 31-03-2022
Citizenship - Public Interest Litigation - Arbitrary Power of Local Registrar - Ultra Vires
Fact of the Case:
The petitioner sought to declare the arbitrary power of the Local Registrar to verify and scrutinize citizenship data as ultra vires.
Finding of the Court:
The court dismissed the petition, stating that the issue was drawing the attention of the Apex Court and the decision of the Apex Court would determine the relief claimed in the Writ Petition.
Issues: The arbitrary power of the Local Registrar to verify citizenship and the ultra vires of the Citizenship (Registration of Citizen and issue of National Identity Cards) Rules 2003.
Ratio Decidendi: The court found that the issue was pending before the Apex Court and therefore there was no need for them to adjudicate the matter.
Final Decision: The petition was dismissed, with the petitioner being at liberty to raise the issue after the decision of the Apex Court.
ORDER
1. Registry is directed to print the name of Sri. Shanthi Bhushan H., Additional Solicitor General as the learned counsel for the respondents.
In this Public Interest Litigation, the petitioner has sought for the following reliefs:
1. Declare the arbitrary power of Local Registrar of verifying and scrutiny the data to test the citizenship of an individual and consequently to declare him a doubtful citizen and call for the proof as provided under sub rule (3) and (4) of the rule 4 of Citizenship (Registration of Citizen and issue of National Identity Cards) Rules 2003 as ultra vires.
2. Pass any other order which this Hon'ble Court deems fit by considering the facts of this Court, in the interest of justice and equity.
2. Heard learned counsel for the petitioner, learned counsel for the respondents and perused the material on record.
3. Having regard to the fact that the issue involved in the present petition is drawing the attention of the Apex Court and the decision of the Apex Court would determine the relief claimed in the Writ Petition. As such, there is no need for us to adjudicate the matter. The petition is accordingly dismissed.
It is needless to observe that the petitioner is at liberty to raise the issue after the decision of the Apex Court.
The court's decision was influenced by the pending issue before the Apex Court, leading to the dismissal of the petition.
Misrepresentation in citizenship applications undermines public trust, especially for elected officials, and can lead to deprivation of citizenship under the Citizenship Act.
The burden of proof to establish citizenship rests on the proceedee, and the evidence presented must be cogent and relevant. Full disclosure of evidence and the requirement to establish a linkage wit....
The burden of proving citizenship lies exclusively with the individual under the applicable statutory framework. Writ courts possess supervisory jurisdiction and will not perform the role of an appel....
Court directs expeditious consideration of citizenship application for minors born in India to Indian mother and foreign father under Citizenship Act.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
The burden of proof to establish citizenship under the Foreigners Act, 1946, rests on the proceedee and requires reliable, cogent, and acceptable evidence.
The burden of proving citizenship lies exclusively with the individual asserting it. Documentary evidence must be verified by contemporaneous records, and a court exercising supervisory jurisdiction ....
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