Court : Kerala
Reported in : AIR1984Ker146
ORDERV. Bhaskaran Nambiar, J.'Breathes there the man with soul so dead who never to himself hath said, This is my own, my native land !'--Sir Walter Seott.'Citizenship is man's basic right; for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen.'(Chief Justice Earl Warden in Perez v. Brownell).1. Here is a petitioner who craves for Indian citizenship and cries for the determination of his rights by the Central Government. The Government dealt him a hard blow on harsh technicality. And so, to the brief facts :2. When India became free, Mohammad Ahmed, the petitioner was an Indian citizen. He was born in 1938 in Kerala. He had thus his roots in India where his parents, brothers and sisters were also born. He married a woman also bora in India. He came from a poor family and he was illiterate, poverty preventing him from prosecuting his studies beyond the second stand...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP254; 1989MPLJ121
Y.B. Suryavanshi, J. 1. In this petition under Articles 226 and 227 of the Constitution of India the petitioners have prayed for a writ of mandamus restraining the respondents from treating them as Foreign Nationals of Bangladesh/or their stay in India as unauthorised, and for a writ of prohibition restraining the respondents from taking them into custody for deporting them outside India. 2. (i) Many facts are undisputed. Petitioners Nos. 1 and 2 are, respectively, the mother and younger brother of one Narayan Chandra Pal (for short, called Pal) who came to India in 1962 and had been residing at village Punji, Gram Panchayat Chopna, in District Betul. In December 1971, war broke out between India and Pakistan. East Bengal was then part of Pakistan. Lacs of Hindu refugees from East Bengal came to India. The war culminated in the creation of a new State, now known as 'Bangla Desh'. These two petitioners also came to India as 'refugees'. The Government of India on humanitarian considerati...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
V.K. Jhanji, J.1. The Reference to the Full Bench is ;'Whether the daughter of a permanent resident of the state of Jammu & Kashmir marrying a Non Permanent resident loses her status as a permanent resident of the State of Jammu & Kashmir, to hold , inherit and acquire immovable property in the state '2. In fact the loss or absence of status as a permanent resident of the state of Jammu & Kashmir disentitles a person not only in respect of acquisition of immovable property in the state, but also in respect of employment in the state and the right to scholarship and such other forms of aid as the State Government may provide. The issue, there fore, is :' Whether the daughter of a permanent resident of State of Jammu & Kashmir losses her status as a permanent resident of the state of Jammu & Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu & Kashmir '3. For proper understanding of the issue, it is expedient to notice the facts of each case, whi...
Tag this Judgment!Court : Delhi
Reported in : 120(2005)DLT274; 2005(82)DRJ50
B.C. Patel, C.J.1. By filing the present petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of an appropriate writ, order or direction directing the respondents to investigate and adjudicate in accordance with law, the wrongs committed by private respondents and has further prayed to appoint Special Commissioner to investigate the offences as indicated in the petition and to make a report to the Court. He has further prayed to initiate action against the respondent No. 5 under the provisions contained in the Citizenship Act, 1955.2. The petitioner has alleged in the petition that within the meaning of Section 10 of the Citizenship Act, 1955, it is the duty of the Central Government to investigate the matter and it mandates the Home Ministry, to deprive the Indian citizenship, if a person is found guilty. For this purpose, the petitioner has alleged that there is a report from the KGB that respondent No.5 and family members received financial...
Tag this Judgment!Court : Chennai
Reported in : AIR2007Mad187; (2007)2MLJ831
A.P. Shah, C.J.1. The appellant, Nalini and her husband, Srikaran alias Murugan were arrested in connection with the murder of the former Prime Minister Rajiv Gandhi. While in prison, the appellant gave birth to a female child, Megara on 21.1.1992 in Chengalpattu Medical College Hospital at Chengalpattu. Her birth was also registered in Chengalpattu Municipality on 24.1.1992 under the Registration of Births and Deaths Act, 1969. She lived with her mother in the prison. Then in 1998, the Special Court awarded death penalty to all 26 accused, including the appellant and her husband. In view of this precarious situation, the appellant's mother-in-law, a Sri Lanka citizen took minor Megara to Sri Lanka with her. Megara was given an emergency passport by the Sri Lanka Government to travel to Sri Lanka and she continues to stay in Sri Lanka since 1998. In appeal, the appellant's death penalty was converted into life imprisonment and she has been kept in Special Prison for Women at Vellore. I...
Tag this Judgment!Court : Andhra Pradesh
This petition is filed to dismiss the Election Petition No.4 of 2009 as infructuous. The parties are referred to as they are arrayed in the election petition. The 1st respondent stated that on his resignation as M.L.A. (Member of Legislative Assembly) of 28-Vemulawada Assembly Constituency, a notification to that effect was issued by the Andhra Pradesh Legislature Secretariat to give effect to the resignation from 14-02-2010. A vacancy had arisen for 28- Vemulawada Assembly Constituency, which was not notified for the conduct of by- elections by the Election Commission of India in their Press Note, dated 21-06-2010, while signifying their decision to hold by-elections to fill up ten other prior vacancies. The non-inclusion of Vemulawada Constituency and another Constituency was challenged in W.P. No.14443 of 2010 and the High Court ordered on 30-06-2010 to hold by-elections for 28-Vemulawada Constituency and another Constituency also along with the other ten Constituencies. The electi...
Tag this Judgment!Court : Karnataka
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE28H DAY OF MARCH, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.14333 OF2022(GM - RES) BETWEEN:1. . AISHA MALIK D/O. AMEENA RAHIL, AGED ABOUT17YEARS. 2 . AHMED MALIK S/O. AMEENA RAHIL, AGED ABOUT14YEARS. BOTH RESIDING AT NO.34, SRI RAMA MANDIRA ROAD, BASAVANAGUDI, BENGALURU - 560 004. REPRESENTED BY THEIR NATURAL GUARDIAN, SMT. AMEENA RAHIL, RESIDING AT NO.34, SRI RAMA MANDIRA ROAD, BASAVANAGUDI, BENGALURU 560 004. ... PETITIONERS (BY SRI S.SUDHARSAN, A/W SRI ANIRUDH A.K., ADVOCATES) 2 AND:1. . UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, DELHI - 110 001. 2 . DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, DC OFFICE, BENGALURU, KARNATAKA 560 009. 3 . MINISTRY OF EXTERNAL AFFAIRS UNION OF INDIA SOUTH BLOCK NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY. ... RESPONDENTS (BY SRI ADITYA SINGH, CGC FOR R1 AND R3; SRI B.V.KRISHNA, AGA F...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1623; [1965]2SCR884
Shah, J.1. The appellant Mohd. Ayub Khan petitioned the High Court of Madras for a writ of mandamus restraining the Commissioner of Police, Madras, from taking action pursuant to the order of the Government of Madras. Home Department, No. 83546, dated May 28, 1958 and from interfering with the appellant's rights as a citizen of India. The petition was dismissed by Balakrishna Ayyar, J., and the order was confirmed in appeal by a Division Bench of the High Court. With certificate granted by the High Court, the appellant has appealed to this Court. 2. The appellant, who claims that he had acquired the status of an Indian citizen on the commencement of the Constitution as a person who had been ordinarily resident in the territory of India for not less than five years immediately preceding the date, was served with a notice dated July 17, 1957 informing him that as he had obtained Pakistan Passport No. 071377, dated April 1, 1953 he should leave India within one month from the date of serv...
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori301; 34(1968)CLT1162
Barman, C.J.1. In this writ petition tile petitioners, being the Managing Committee of the Nigam High English School, a private educational institution, in village Ameipal its President, Secretary and one of the members, challenge the order dated August 9/10, 1967 of the Inspector Of Schools, Cuttack Circle, Cuttack, purporting to act under Article 41 of the Orissa Education Code by which he dissolved the existing Managing Committee of the School and reconstituted a new Managing Committee on the grounds mentioned in the petition.2. It is said that there was no High English School in the locality of the petitioners till the year 1962. There was a general public demand for such a school and accordingly in pursuance of a unanimous resolution by the local public a Managing Committee was formed with petitioner No. 1 as the President, petitioner No. 2 as the Secretary and other members including petitioner No. 3, to raise funds and to manage the proposed High English School in the village Am...
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN8
L.S. Mehta, J.1. This is a criminal revision filed by Hari Khan and his son Hakim Maeos against the judgment of learned Sessions Judge, Bharatpur, dated October 25, 1967, maintaining their conviction under Section 14 read with Section 3 of the Indian Foreigners Act, 1946, as also under Rule 6 read with Rule 3 of the Indian Passport Rules 1950, made by Sub-Divisional Magistrate, Deeg.2. The prosecution story is that the accused Hari Khan left India sometime in the year 1947 for Pakistan He came back to India with his son Hakim with passport No SSC-008225, dated August 20, 1956 and visa No. 156050, dated December 26, 1960. His entry into India was recorded at the Check-post-Riilway Station, Amritsar, on February 8, 1961 vide entry No. 2/247-C. Residential permit No. DSB/BPR/RP/51, dated February 10, 1961, was issued to him from the office of the Superintendent of Police, Bharatpur, as required under para 7 of the Foreigners Order, 1948, authorising him to stay in the village Faraska, Pol...
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