IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 17525 of 2010(M) ----------------------------------------- PETITIONER(S): ------------------------ 1. RASHEEDA ALIAS RASHIDA BANO, D/O.HASSAN @ HASSANKUTTY KAITHERI VEETTIL, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST, KATHIRUR, KANNUR DISTRICT, KERALA STATE. 2. MUHAMMED QUASSIM, AGED 17 YEARS, MINOR REPRESENTED BY HIS MOTHER RASHEEDA @ RASHIDA BANO,PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST, KATHIRUR, KANNUR DISTRICT, KERALA STATE. 3. SUMAIRA MAROOF, AGED 14 YEARS, REPRESENTED BY MOTHER, RASHEEDA @ RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST, KATHIRUR, KANNUR DISTRICT, KERALA STATE. 4. MARIAM MAROOF, AGED 12 YEARS, REPRESENTED BY ITS MOTHER RASHEEDA @ RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST, KATHIRUR, KANNUR DISTRICT, KERALA STATE. 5. ISMAIL, AGED 8 YEARS, MINOR REPRESENTED BY ITS MOTHER RASHEEDA @ RASHIDA BANO, PUTHENPEEDIKAYIL CHUNDANGAPOYIL HOUSE, KATHIRUR DESOM, POST, KATHIRUR, KANNUR DISTRICT, KERALA STATE. BY ADVS. SRI.S.ABDUL SALAM, SRI.ANEESH CHIDAMBARAM. Kss ..2/- ..2... WPC.NO.17525/2010 M RESPONDENT(S): ---------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KADIRUR, POLICE STATION, KANNUR DISTRICT. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 & R3 BY GOVERNMENT PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17525/2010 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.26021/11/2008 PASSED BY 1ST RESPONDENT. P2: COPY OF PETITION DTD. 31/05/2010 BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P3: COPY OF ORDER NO.D3(B)P.AK 11/2008 DTD. 15/05/10 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. P4: COPY OF ORDER NO.D3(B)P.AK 018566/09 DTD. 15/05/10 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. P5: COPY OF ORDER NO.D3(B)P.AK. 15/08 DTD. 15/05/10 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. P6: COPY OF ORDER NO.D3(B)P.AK. 14/08 DTD. 15/05/10 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. P7: COPY OF ORDER NO.D3(B)P.AK 018565/09 DTD. 15/05/10 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. P8: COPY OF THE JUDGMENT IN W.A.NO.1309/1995 DTD. 28/10/95 BY THE HIGH COURT OF KERALA. P9: COPY OF THE JUDGMENT IN WP(C) NO.5840/2010 DTD. 5/03/10 BY THE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.17525 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010 J U D G M E N T This writ petition is filed by five foreign citizens who are holding Pakistani passports. They claim that their parents are of Indian origin. Therefore according to them they are entitled to citizenship as per the amended provisions of the Citizenship Act, 1955. Petitioners have therefore filed Ext.P2 petition before the 1st respondent seeking the benefit of Section 5 (1) (f) of the Citizenship Act. Petitioners seek a direction to the 1st respondent to consider and pass orders on Ext.P2 expeditiously. On 07.06.2010, I passed the following interim order: “Admit. Assistant Solicitor General takes notice on behalf of the 1st respondent. Government Pleader takes notice for respondents 2 and 3. The Asst. Solicitor General seeks time to get instructions. The petitioners seek interim orders staying arrest and deportation in the meanwhile. The arrest and deportation of the petitioners is stayed for a period of three weeks on the following conditions: W.P.(C)No.17525 of 2010 -2- The petitioners shall report before the third respondent once in every week. Respondents 2 and 3 shall constantly monitor the movements of the petitioners and shall arrest the petitioners, if they are involved in suspicious movements. The Assistant Solicitor General shall get instructions within the said three weeks.” 2. The learned Assistant Solicitor General today submits that, inspite of seeking instructions as early as on 08.06.2010, the respondents have not responded and therefore the matter may be further adjourned. This is a sad state of affairs. Pakistan citizens are roaming this country without a valid document in so far as the petitioners' visas have already expired. They are hanging on to this country only because of the filing of Ext.P2. I am surprised that the 1st respondent is not concerned about the matter, despite the increase in terrorist activities in this country. If the request of the learned Assistant Solicitor General for further time is granted, that will only help the petitioners to continue to stay in this country. Therefore I am inclined to dispose of this writ petition. Accordingly the writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P2 as W.P.(C)No.17525 of 2010 -3- expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. Till then the interim order dated 07.06.2010 would continue to be in force. S. SIRI JAGAN JUDGE shg/