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IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD
B. Vijaysen Reddy, J
Ramesh Chennamaneni – Appellant
Versus
Union of India, Represented by its Home Secretary, Ministry of Home Affairs, Grih Mantralaya, North Block, New Delhi – Respondent
| Table of Content |
|---|
| 1. misrepresentation in citizenship application (Para 3 , 4) |
| 2. public interest in citizenship matters (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. fraudulent acquisition of citizenship (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 44) |
| 4. writ petition dismissed with costs (Para 37 , 38 , 39 , 40 , 41 , 42 , 43) |
ORDER :
B. Vijaysen Reddy, J
The order in File No.26027/30-2008-IC.II dated 20.11.2019 passed by respondent No.2 - Under Secretary to Government of India, Ministry of Home Affairs, Grih Mantralaya, North Road, New Delhi, holding that the petitioner ceased to be citizen of India has been challenged in this writ petition as being illegal, arbitrary, capricious, unconstitutional and in violation of Section 10(3) of the Citizenship Act 1955 and to set aside the same.
2. The pleaded case of the petitioner, in brief, is as under:
2.1. The petitioner was born in Vemulavada, Karimnagar District, Telangana, in 1956 and a citizen of India by birth. The parents of the petitioner are also Indian Citizens by Birth. The petitioner pursued his College Education in Hyderabad during 1972-74. He went to Ger
Misrepresentation in citizenship applications undermines public trust, especially for elected officials, and can lead to deprivation of citizenship under the Citizenship Act.
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
The burden of proving citizenship lies with the individual claiming it, and mere oral testimony is inadequate without corroborating documentary evidence.
Individuals born in India between January 26, 1950, and July 1, 1987, are Indian citizens by birth and entitled to a passport, regardless of their parents' nationality or refugee status.
The court emphasized the importance of natural justice in citizenship determinations, allowing the petitioner another opportunity to prove Indian citizenship due to procedural irregularities and heal....
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