2022 Supreme(Online)(All) 19136
ALLAHABAD HIGH COURT
VIVEK KUMAR BIRLA,VIKAS BUDHWAR
GIRI KRISTIAN CSISZAR – Appellant
Versus
UNION OF INDIA THROUGH ITS MINISTRY OF HOME AFFAIRS AND 4 OTHERS – Respondent
WRIC/28103/2021
1
A.F.R.
Court No. - 40
Case :- WRIT - C No. - 28103 of 2021
Petitioner :- Giri Kristian Csiszar
Respondent :- Union Of India Through Its Ministry Of Home Affairs And 4
Others
Counsel for Petitioner :- Vineet Kumar Singh,Rahul Kumar Sharma
Counsel for Respondent :- A.S.G.I.,Arvind Nath Agrawal,C.S.C.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
(Oral Judgment by Hon'ble 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.
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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,
3
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.