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1999 Supreme(Ker) 507

K.S.RADHAKRISHNAN
Abubacker – Appellant
Versus
Union of India – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Petitioners in all these cases are of Indian origin, except the petitioner in O.P. No. 5441 of 1995, who was born in Mahe in 1935, which was part of Pondicherry, a French settlement. Petitioners left India for employment to countries like Pakistan, Britain, Malaysia, some of which are still Commonwealth countries. Petitioners went for employment to Pakistan, except the petitioner in Q.P. No. 53 of 1998 who left for United Kingdom and is holding a British passport. Petitioner in O.P. No. 1717 of 1999 is holding a Malaysian passport. Petitioners are now in India taking up the stand that they are Indian citizens and left India on compelling circumstances, and had to acquire foreign passport. Since their status as Indian citizen was disputed and authorities took steps to arrest and deport them, they preferred applications before the Central Government for determination of their status under S.9(2) of the Citizenship Act, which says that if any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may














































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