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2022 Supreme(All) 470

IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, VIKAS BUDHWAR, JJ.
Giri Kristian Csiszar - Petitioner
Versus
Union of India, Through Its Ministry of Home Affairs and Others - Respondents
Writ - C No. 28103 of 2021
Decided On : 11-04-2022

Advocates Appeared:
For the Petitioner: Vineet Kumar Singh, Rahul Kumar Sharma.
For the Respondent: A.S.G.I., Arvind Nath Agrawal, C.S.C.

Headnote:

Constitution of India, 1950 - Article 9 - Citizenship Act, 1955 - Section 6(1), 3, 5, 4, 6-A, 7, 18 - Citizenship Rules, 2009 - Rules 10, 10(1) (a) , 15, 15(1), 16(1) and 16 - Citizenship by birth - Citizenship by descent - Citizenship by naturalization - Grant of certificate of naturalization - Oath of allegiance for naturalization - Whether for purposes of processing and grant of citizenship by naturalisation, applicant (foreign national) in order to be a citizen of India has to renounce citizenship of country which he possessed at time of filing of application for grant of citizenship by naturalisation or not - Whether an undertaking to renounce citizenship of foreign country in event of his application for Indian citizenship being submitted processed - Held, respondents no. 1 and 2 has further made a statement at bar that present writ petition may be disposed of with a direction that petitioner may approach competent authority along with certified copy of order within a period of four weeks from today and complete necessary formalities so required therein then competent authority will consider claim of petitioner for grant of citizenship of India within further period of three weeks in accordance with law - Writ petition disposed of.

JUDGMENT :

Vikas Budhwar, J.

1. Learned Standing Counsel has filed counter affidavit on behalf of respondents 3 to 5 which is taken on record.

2. This is a petition at the instance of a Finnish national seeking citizenship of India by naturalisation as per the provisions en-grafted under Section 6(1) of the Citizenship Act, 1955 (hereinafter referred to as the Act of 1955).

3. As per the pleadings worded in the petition, the petitioner claims himself to be a citizen of Republic of Finland, who was born on 29.12.1981. According to the petitioner in the year 1983, he visited India at the age of 2 years along with his parents and stayed in India for approximately two months. Subsequently, from 1985 to 1990, the petitioner went to Australia in order to pursue his studies and thereafter in the year 1990 again he came back to India and lived in the birth place of Lord Sri Krishna i.e. Vrindavan for approximately six months. In the meantime, from 1990 to 1996, the petitioner pursued his education upto High School level and thereafter from 1997 to 2000, he pursued his studies in Computer Mechanic from Finland. As per the pleading the petitioner had spiritual bent of mind and he got attracted towards the preaching and the aura of Lord Krishna so he came to India and in the month of August, 2001 and he joined one of the Ashram in Vrindavan in the State of Uttar Pradesh and become the disciple of Narayan Goswami Maharaj Ji.

4. Petitioner has come up with a case that he is living in India since 2001 and he has renounced the materialistic possession of the wordily life and had inculcated the India cultural and spiritual preaching and he in his inner heart is attracted towards to the life so led by Lord Krishna and he has made up his mind to live his rest of the life in Vrindavan Mathura i.e. in India.

5. In the aforesaid backdrop, the petitioner preferred an application under Section 6(1) of the 1995 Act read with Rule 10(1) (a) being Form (VIII) of the Citizenship Rules, 2009 (hereinafter referred to as 2009, Rules) after completing the requisite formalities as provided therein before the competent authority seeking grant of citizenship by naturalisation on 8.4.2015.

6. As per the provisions contained under the 1955 Act and the Rules, 2009 framed therein under a notice was published in widely circulated newspapers seeking response/objection from an objector as to why the application so preferred by the petitioner for grant of citizenship by naturalisation be not acceded with. A report was also called upon by Additional District Magistrate (Administration) Mathura from Superintendent of Police, Mathura to which a report was submitted by the latter before the former on 6.5.2013 recommending the case of the petitioner for grant of citizenship by a naturalisation.

7. On 6.7.2016 the respondent no.3 recommended the case of the petitioner for grant of citizenship by naturalisation by virtue of letter no.737/Chh.Vi-3-2016-30M/15 dated 06/07/2016 before the respondent no.1. Eventually, respondent no.1 on 15.12.2016 sent a letter to the respondent no.3 providing as under:-

    "To

The Secretary

Government of Uttar Pradesh

Home (Visa-2) Department

Lucknow-226001

Subject:- Grant of Indian Citizenship by Naturalization under section 6(1) of the Citizenship Act, 1955-Case of Giri Kristian Csiszar S/o. Istvan Csiszar, a/an Finland national.

Sir,

I am directed to refer to the State Government's letter No.737/Chh.Vi-3-2016-30M/15 dated 06/07/2016 on the subject cited above.

2. The Government of India have decided to register the above mentioned applicant as a citizen of India under Section 6(1) of the Citizenship Act, 1955, keeping in view the verification of eligibility and suitability and recommendation made by the State Government vide their letter referred to above. The applicant would be formally

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