Compliance with renunciation of foreign citizenship is mandatory for Indian citizenship under the Citizenship Act, reinforcing that dual citizenship is not permitted.

JUDGMENT :

Sushrut Arvind Dharmadhikari, J.

The present intra-Court Appeal under Section 5 of the Kerala High Court Act, 1958, arises out of the judgment dated 23.07.2024, passed in W.P.(C) No. 18750/2022, whereby the writ petition was allowed. The appellant herein was the respondent No.1 in the writ petition, whereas the respondent Nos. 1 to 3 were the petitioners in the writ petition.

Facts :

2. The brief facts of the case are that the Respondent No.1 is the mother of Respondent Nos. 2 and 3. The husband of Respondent No.1, Sri Mohammed Maroof, was born in India in a village called Kottayam - Malabar, in the Kannur District. He became an orphan at the age of nine, and he was adopted by his grandmother. In 1977, he migrated to Pakistan along with his grandmother. Later on, he was issued with a Pakistani passport. Sri Maroof is now employed in the United Arab Emirates. He had married Respondent No.1, who is the daughter of his uncle. In the year 2008, Sri Maroof's family moved to India based on the permission granted by the Indian Government to stay in India initially for a specific time frame, and thereafter, the said period has been extended from time to time.

2.1 Respondent Nos. 1 to 3 had submitted applications in Form VI as per Rule 8(1)(a) of the Citizenship Rules 2009 for registration as Indian citizens under Section 5(1)(f) of the Citizenship Act 1955 (for short, 'the Act').

3. The appellant issued an order in respect of Respondent No.2 stating that the Government of India has decided to grant registration to Respondent No.2 under Section 5(1)(f) of the Act subject to compliance with certain requirements and submission of documents. A similar order was also issued in respect of Respondent No.3 on 05.09.2017. One of the important documents which was required to be submitted is the Renunciation Certificate issued by the Pakistani Government. In the absence of the availability of the Renunciation Certificate, the citizenship of India cannot be granted.

4. Respondent Nos. 1 to 3 filed the writ petition to consider Ext.P12 representation submitted by the Respondent No.1 and to grant citizenship of India to Respondent Nos.2 and 3 without insisting on a Renunciation Certificate in evidence of renunciation of Pakistani citizenship. Respondents 1 to 3 prayed for the following reliefs in the Writ Petition:

“i. issue a writ of mandamus or any other writ, order or direction to the 1^st respondent to consider Ext.P12 representation submitted by the 1st petitioner and to grant citizenship for the 2^nd and 3^rd petitioners without insisting for renunciation certificate;

ii. issue a writ of mandamus or any other writ order or direction to the 1st respondent to grant the 2nd and 3rd petitioners citizenship as stated in Ext.P3 and P3(a) by considering Ext.P5 and P5(a) No Objection Certificates.

iii. Set aside Ext.P7 and Ext.P9, by issuing appropriate writ or order.

iv. award cost to the petitioner;

v. issue such other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case;”

Appellant's submission :

5. Section 14A of the Pakistan Citizenship Act 1951 deals with renunciation of Pakistani citizenship. Section 14A(1) of the Pakistan Citizenship Act provides that if any citizen of Pakistan residing outside Pakistan, who is not a minor and has been given by the competent authority of another country any valid document assuring him of the grant of the citizenship or nationality of that country upon renouncing his citizenship of Pakistan, makes i