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2010 Supreme(Pat) 17
PATNA HIGH COURT
Samarendra Pratap Singh, J.
Nagina Devi, Mla, 68, Bathnaha Constituency, Wife Of Sri Yogiraj Prasad
Versus
Union Of India Through The Secretary, Ministry Of Home Affairs, Government Of India
Civil Writ Jurisdiction Case No. 16356 of 2007 6065 of 2007
Decided On : JANUARY 07, 2010
The Central Government is competent to determine the question of nationality in case of doubt, as provided under Section 13 of the Citizenship Act.
Headnote:
Citizenship - Indian Citizenship - Citizenship Act, 1955, Article 5 of the Constitution - Sections 3, 9, 13 of the Citizenship Act - The judgment discusses the issue of Indian citizenship of the petitioner Nagina Devi and the relevant provisions of the Citizenship Act, 1955 and Article 5 of the Constitution. The court sets aside the impugned order and remits the matter back to the Central Government for further proceedings after affording an opportunity of hearing to the petitioner.
Fact of the Case:
The petitioner Nagina Devi challenges the order declaring her a non-citizen. The court finds that the impugned order was passed without affording her an opportunity of hearing, in violation of the principle of natural justice.
Finding of the Court:
The court sets aside the impugned order and remits the matter back to the Central Government for further proceedings after affording an opportunity of hearing to the petitioner.
Issues: The main issue is the Indian citizenship of the petitioner Nagina Devi and the validity of the impugned order. The court also considers the authority of the Director (l&C) of the Ministry of Home Affairs to pass the order.
Ratio Decidendi: The court holds that the impugned order was passed in violation of the principle of natural justice and sets it aside. It also determines that the Central Government is competent to decide the question of nationality in case of doubt, as provided under Section 13 of the Citizenship Act.
Final Decision: C.W.J.C. No. 16356 of 2007 is allowed to the extent indicated above and C.W.J.C. No. 6065 of 2007 is dismissed as infructuous.
1. Both C.W.J.C. No. 16356 of 2007 and C.W.J.C. No. 6065 of 2007 are taken up together as the matters are interlinked. In fact, the fate of C.W.J.C. No. 6065 of 2007 would be dependent upon the outcome in C.W.J.C. No. 16356 of 2007.
2. In C.W.J.C. No. 16356 of 2007, the petitioner Nagina Devi prays for quashing the order dated 21.3.2007, contained in letter No. 26030/07/IC-1 issued by the Director, Ministry of Home Affairs/Grih Mantralaya, Government of India communicated to Under Secretary, Home (Special) Department, Government of Bihar, whereby the petitioner has been declared a non-citizen.
3. In C.W.J.C. No. 6065 of 2007, the petitioner Raj Kishore Singh Kushwaha, who is an intervener respondent No. 11 in C.W.J.C. No. 16356 of 2007, prays for issuance of a writ in the nature of quo warranto or direction or order to remove respondent no. 6 Nagina Devi (Petitioner of CWJC No. 16356 of 2007) from the membership of Bihar Legislative Assembly by declaring her election from Constituency No. 68 (Bathnaha) in the district of Sitamarhi as void.
4. The issue is whether Nagina Devi who is petitioner in C.W.J.C. No. 16356 of 2007 and respondent no. 6 in C.W.J.C. No. 6065 of 2007 is born an Indian citizen or not? What would be the relevant provision which would determine the status of citizenship where there is a doubt that the person concerned is a citizen of India or not?
5. According to the petitioner, the issue involved in this case is not that the petitioner being an Indian citizen has disqualified herself by acquiring nationality of another country or that being citizen of another country has subsequently acquired Indian citizenship by force of law. The petitioner contends that right from the beginning she is an Indian citizen.
6. Before, I deal with the issues, the facts of the case and the contentions of parties are being noticed in short.
(a) The case of Nagina Devi, the petitioner of C.W.J.C. No. 16356 of 2007 is that she was bom in the year 1958 at Village-Bhagwanpur, P.S.- Bathnaha, District Sitamarhi in the State of Bihar. Her mother Rajwati Devi was an Indian citizen being a daughter of late Mahadeo Sah, resident of Bhagwanpur, P.S.-Bathnaha in the district of Sitamarhi. Her father late Mauze Lal Sah was a Nepalese citizen. She married one Yogi Raj Prasad, resident of Village-Posua (Patnia), P.S. Riga, District-Sitamarhi in the year 1972 with Hindu rites.
(b) Her name figures in electoral roll of Bathnaha Assembly Constituency since 1975. She was earlier nominated as Member of State 20th Programme from Riga Block in the year 1994 and in the year 2001 she was elected member of District Board, Sitamarhi from State Election Area No. 6. She was elected as MLA from Bathnaha Assembly Constituency in 13th Bihar Assembly Election 2004, and also 14th Bihar Assembly Election 2005. She is also having tractor-cum-trailer and arms licence in her favour.
(c) She alleges that with ulterior motive an application was filed before the Collector, Sitamarhi, with respect to her citizenship by one Anita Choudhary, Advocate. The District Magistrate, Sitamarhi vide his letter no. 534 dated 22.9.2006 requested the Special Secretary (Home), Government of Bihar, Patna to provide guidelines for taking necessary action on petition of Anita Choudhary. The Under Secretary, Home (Special), Government of Bihar by his letter no. 808 dated 1.11.2006, requested the Under Secretary, Home Affairs, Government of India to provide appropriate guidelines in the matter. The District Magistrate, Sitamarhi, pursuant to the letter of the Under Secretary, Government of India, by his letter no. 929 dated 6.12.2006, asked the petitioner to produce evidence of being an Indian citizen. A copy of the aforesaid letter was also sent to the B.D.O., Riga for necessary information and also requiring of him to state under what circumstances the name of the petitioner Nagina Devi was added/included in the electoral roll. According to the petitioner, no such notice was i
