Back
HIGH COURT OF CALCUTTA
R. S. BACHAWAT, A. K. MUKHERJI
ABDUL HALIM MIA - Appellant
Versus
SUB-DIVISIONAL OFFICER - Respondent
A. F. O. O. 414 Of 1962
Decided On : APRIL 24, 1964
CITIZENSHIP - REGISTRATION AS INDIAN CITIZEN - SUMMARY REJECTION OF APPLICATION - JURISDICTION OF COURT - FOREIGNERS ACT, 1940, SEC. 3 (2) - CITIZENSHIP ACT, 1955, SECS. 5 (1) (A), 14 (1), 14 (2), 15, 18 - CITIZENSHIP RULES, 1956, RULE 9.
Fact of the Case:
The appellant, born in Burdwan, India, opted for Pakistan in 1947 and remained there for six years. He returned to India under a Pakistani passport and applied for Indian citizenship under Section 5(1)(a) of the Citizenship Act, 1955. His application was dismissed, and he was served with a notice under Section 3(2) of the Foreigners Act, 1940, directing him to leave India within three days. He challenged the orders of the Sub-Divisional Officer, Katwa, and the Superintendent of Police, Burdwan, in the High Court.
Finding of the Court:
The High Court held that the orders of the Sub-Divisional Officer and the Superintendent of Police were executive acts and not subject to judicial review. The Court found that the appellant had failed to show that he was not a foreigner and dismissed his application.
Issues: 1. Whether the summary rejection of the appellant's application for registration as an Indian citizen was illegal and in excess of jurisdiction. 2. Whether the appellant was a foreigner within the meaning of Section 2(a) of the Foreigners Act, 1940.
Ratio Decidendi: 1. The Court held that the summary rejection of the appellant's application was not illegal or in excess of jurisdiction. Section 5(1)(a) of the Citizenship Act, 1955, and Rule 7 of the Citizenship Rules, 1956, empower the Collector to register a person as an Indian citizen if they are ordinarily resident in India for six months and meet certain other requirements. However, Section 14(1) provides that the Collector may grant or refuse the application in their discretion and is not required to assign any reasons. Section 14(2) makes the Collector's decision final and not subject to judicial review. 2. The Court held that the appellant was a foreigner within the meaning of Section 2(a) of the Foreigners Act, 1940. The appellant was born in Burdwan, India, but opted for Pakistan in 1947 and remained there for six years. He returned to India under a Pakistani passport and applied for Indian citizenship under Section 5(1)(a) of the Citizenship Act, 1955. His application was dismissed, and he was served with a notice under Section 3(2) of the Foreigners Act, 1940, directing him to leave India within three days. The Court found that the appellant had failed to show that he was not a foreigner.
Final Decision: The Court dismissed the appellant's application with costs.
( 1 ) THE Sub-Divisional Officer, Katwa, summarily rejected the appellant's application for registration of his name as an Indian citizen under Section 5 (1) (a) of the Citizenship Act 1955. Mr. Ali contends that the officer acted illegally and in excess of his jurisdiction in dismissing the application summarily without making an enquiry. In support of this contention Mr. Ali relies upon the decision in the case of Sk. Hakimuddin v. Dy. Secy. Govt. of West Bengal.
( 2 ) NOW Section 5 (1) (a) of the Citizenship Act 1955 read with Rule 7 of the Citizenship Rules 1956 empowers the collector to register as a citizen of India, on application made in this behalf, any person who is ordinarily resident in India and who has been so resident for six months immediately before making the application. Section 14 (1) provides that the collector may in his discretion grant or refuse the application and shall not be required to assign any reasons for such grant or refusal. Section 14 (2) provides that subject to the provisions of Section 15, the decision of the collector shall be final and shall not be called in question in any court. Under Section 15 any person aggrieved by his order may apply to the Central Government for a revision of the order, and on such application the Central Government may pass such order as it deems fit after considering the application and any report thereon which the collector may submit, and its decision in this behalf is final. Section 18 empowers the Central Government to make rules. Rule 9 of the Citizenship Rules 1956 opens with the note "collector to make inquiries before registration. " The rule provides that the collector shall before registering a person under Section 5 (1) (a) satisfy himself that the person is of Indian Origin and has been actually resident in India for six months Immediately preceding the date of the application, has close connections in India, has an intention to make India Ms permanent home, has signed the prescribed oath of allegiance, is of good character and is otherwise a fit person to be registered as a citizen of India. Now in Sinha, J. held that the summary dismissal of the application under Section 5 (1) (a) without making any enquiry was in contravention of Rule 9 and he issued a writ in the nature of certiorari quashing the order and directed the collector to proceed to satisfy himself upon proper enquiry. He said,"so far as the application itself is concerned, the intention is apparent that the petitioner wishes to be an Indian citizen, but as to whether he intends to make India his permanent home, cannot be decided without an enquiry. In his application the applicant has said on oath that he intends to do so. The Collector must, therefore, either accept it or reject it and this he cannot do summarily but must make some enquiry. "with respect we are unable to agree with this decision. Rule 9 requires the collector to satisfy himself on the several points mentioned in the rule "before registering a person under Section 5 (1) (a ). " Before registering the applicant as a citizen, the collector must satisfy himself on those points and for that purpose he may make inquiries. He may inform himself in such manner as he thinks fit. He may make confidential enquiries. He may act on his own personal knowledge. If on a perusal of the application he decides to reject it, he need not make further enquiries. He is required to follow the procedure prescribed by the Act and the rules and to do no more. Neither the Act nor the rules require him to make an enquiry in case he rejects the application under Section 5 (1) (a ). Even if he is satisfied that all the conditions mentioned in Rule 9 have been fulfilled, he has ample power to refuse the certificate of citizenship under Section 5. He is no way bound to register the applicant as a citizen even though all the conditions mentioned in Rule 9 are fulfilled. The action of the Collector under Section 5 is an executive and a
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
