The court upheld that compliance with statutory norms under the Foreigners Act is valid, and citizenship claims lacking formal proof under the Citizenship Act cannot impede authority action.

ORDER :

1. The action of the 3rd Respondent – Inspector of Police, Pakistan Branch in repeatedly visiting his residence, compelling him to apply for Long Term Visa (LTV) and threatening initiation of prosecution without issuance of any notice is challenged by petitioner on the ground that it is violative of Articles 5, 14, 19 and 21 of the Constitution. Petitioner therefore seeks a consequential direction to Respondents 2 and 3 not to harass him, not to force him to apply for LTV and not to interfere with his marital life and family affairs.

2. Petitioner asserts that he was born in Hyderabad, has been residing in Hyderabad continuously for the last 31 years, is married to an Indian citizen and is leading a settled marital life along with his wife and children in Hyderabad. He claims that he is an Indian citizen by birth and that at no point of time, since 1994, he was not issued any notice by respondents requiring him to apply for LTV.

2.1. It is stated, petitioner’s mother was born at Hyderabad on 19.08.1969 and married a Pakistani citizen, namely Syed Abid Hussain, on 09.07.1991 at Hyderabad. It is stated that parents of petitioner’s mother obtained Indian passports on 19.06.1989 from the Regional Passport Office, Hyderabad. After marriage, petitioner’s mother went to Pakistan along with her husband in 1991 and resided at Karachi. During her stay in Pakistan, she was allegedly subjected to physical and mental harassment by her husband, who forcibly took away her original Indian passport, procured a Pakistani passport for her, and sent her to India for delivery. Petitioner states that he was born in India on 17.07.1992 and that his mother returned to Pakistan after the delivery.

2.2. It is stated, when petitioner’s mother became pregnant for the second time, her husband divorced her and forcibly sent her to India in 1994, from which time she has been continuously residing in India. In 1994, the 3rd Respondent treated his mother as a Pakistani national and, on the basis of the Pakistani passport, issued a residential permit on 08.03.1994. On the basis of periodical extensions of the said residential permit, petitioner’s mother continued to stay in Hyderabad. After obtaining divorce from her husband, she contracted a second marriage with one Syed Mujahid Hussain on 06.07.2001 and was blessed with one son, and thereafter, continued to reside in Hyderabad. Petitioner specifically asserts that his mother never relinquished her Indian citizenship at any point of time.

2.3. Despite being aware that petitioner’s mother was born in India, the 3^rd Respondent issued notice dated 20.02.2013 directing her to relinquish her Pakistani passport, failing which she would be prosecuted under Paragraph 7 of the Foreigners Order, 1946 and Section 14F(b) of the Foreigners Act, 1948. Another notice dated 27.08.2013 was also issued to her. Petitioner’s mother therefore, filed Writ Petition No.27342 of 2013 and obtained interim order and the said Writ Petition is still pending adjudication. While so, petitioner alleges that the 3rd Respondent has been repeatedly visiting his residence without issuing any notice and compelling him to apply for LTV.

2.4. It is stated, petitioner is presently aged about 33 years, he pursued his schooling at Izam Sajjadi (Canada) Boys High School, Yakathpura, Hyderabad, from LKG to 9th Class during 1999-2009, completed 10th Class from St. Himayath High School, Azampura, Hyderabad, studied Intermediate at St. Dominos Junior College, Asmanghad, Malakpet, and thereafter discontinued his Intermediate course. He further states that he worked at Mahendra Company and VVC Motors Pvt. Ltd. He marri