IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 6230 of 2008(N) ----------------------------------- PETITIONERS : ------------------- 1. ZOHRA, AGED 37 YEARS, D/O.LATE P.K.ABOOTY, RASEENA MANZIL, PERINGADI, POST PERINGADI, KANNUR DISTRICT, KERALA STATE. 2. ZAMREENA (MINOR) AGED 17 YEARS, D/O.ZUHRA, REPRESENTED THROUGH HER MOTHER, ZUHRA, RASEENA MANZIL, PERINGADI, POST PERINGADI, KANNUR DISTRICT, KERALA STATE. 3. ZEESHAN (MINOR) AGED 11 YEARS, S/O.ZUHRA, REPRESENTED THROUGH IT'S MOTHER, ZUHRA, RASEENA MANZIL, PERINGADI, POST PERINGADI, KANNUR DISTRICT, KERALA STATE. BY ADV. SRI.S.ABDUL SALAM RESPONDENTS : ---------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHOCKLI. 4. THE JOINT SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, PUDUCHERRY. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6230 of 2008 APPENDIX PETITIONERS EXHIBITS: EXT.P1:- TRUE PHOTO COPY OF THE ADMISSION REGISTER OF THE FIRST PETITIONER'S MOTHER AYSHA ISSUED BY THE SCHOOL AUTHORITY EXT.P2:- TRUE PHOTO COPY OF THE RELEVANT ADMISSION REGISTER ISSUED BY THE SCHOOL AUTHORITY IN FAVOUR OF THE PETITIONER'S FATHER ABOOTY EXT.P3:- PHOTO COPY OF THE RELEVANT ADMISSION REGISTER ISSUED BY THE SCHOOL AUTHORITY IN FAVOUR OF THE FIRST PETITIONER'S HUSBAND, SUBAIR EXT.P4:- PHOTO COPY OF THE APPLICATION FILED BY THE PETITIONERS, DATED 10.10.2007 TO THE FIRST RESPONDENT HEREIN EXT.P5:- PHOTO COPY OF THE LETTER NO.D3(b)45542 OF 2007 ISSUED BY THE SECOND RESPONDENT TO THE SUPERINTENDENT OF POLICE MAHE DT15.12.2007 EXT.P6:- PHOTO COPY OF THE QUIT ORDER DATED 31.01.2008 ISSUED BY THE JOINT SECRETARY TO GOVERNMENT, HOME DEPARTMENT PUDUCHERRY GOVERNMENT TO THE 3RD PETITIONER EXT.P7:- PHOTO COPY OF THE QUIT ORDER DATED 31.01.2008 ISSUED BY THE JOINT SECRETARY TO GOVERNMENT, HOME DEPARTMENT PUDUCHERRY, GOVERNMENT TO THE SECOND PETITIONER EXT.P8:- PHOTO COPY OF THE QUIT ORDER DATED 31.01.2008 ISSUED BY THE JOINT SECRETARY TO GOVERNMENT, HOME DEPARTMENT PUDUCHERRY GOVERNMENT TO THE FIRST PETITIONER -TRUE COPY- P.A. TO JUDGE pac S.SIRI JAGAN, J ============== W.P.(C).No. 6230 OF 2008 ==================== Dated this the 2nd day of July, 2008. J U D G M E N T The petitioners herein are Pakistani citizens. The 1st petitioner is the mother and the petitioners 2 and 3 who are minors represented by the 1st petitioner as mother and guardian. 1st petitioner claims that her parents were originally of Indian origin, who migrated to Pakistan and became Pakistani citizens. Now, the 1st petitioner wants to obtain Indian citizenship, by virtue of Section 5(1)(f) of the Citizenship Act, 1955 for which the petitioner has to reside in India for one year. The 1st petitioner submits that to acquire one year residence qualification also, an application under Section 5(1)(f) is maintainable. The 1st petitioner therefore submitted Ext.P4 application before the 1st respondent. The same was forwarded to the 2nd respondent for his report as is evidenced by Ext.P5 letter from the 2nd respondent to the Superintendent of Police, Mahe. In the meantime, by Exts.P6 to P8, the 1st respondent has directed the 1st petitioner to leave India, within the time stipulated therein. In the above circumstances, the petitioner has filed this writ petition W.P.(C).No. 6230 OF 2008 2 seeking the following reliefs: a) To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to abstain from arresting the petitioners and detaining them in Civil Prison and also from deporting them to Pakistan under the Foreigner's Act. b) To issue a writ of certiorari or other appropriate writ, direction or order calling for the records relating to the proceedings of the respondents for arrest and deportation of the petitioner and quashing the same. c) To issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to consider and dispose of Ext.P4 application dtd. 10.10.2007 on merits and to maintain status quo till its disposal. d) To award the cost of this petition to the petitioner. Section 5(1)(f) of the Act reads thus: “5. Citizenship by registration-(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:- x x x x x x x x (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration. W.P.(C).No. 6230 OF 2008 3 2. The learned Assistant Solicitor General would oppose the prayers mainly on the ground that only after residing in India for one year the petitioners can make an application under Section 5(1)(f) and admittedly they have not resided in India for one year. She would also submit that for permission to reside in India for acquiring residence qualification no application under that Section would lie. 3. I am not going into the question as to whether by virtue of Section 5(1)(f), petitioner is entitled also to apply for residence in India for one year for the purpose of applying for registration under the Section. It remains a fact as evidenced by Ext.P5 that the 1st respondent has accepted the 1st petitioner's application and forwarded the same to the 2nd respondent for his report. That being so, it is only appropriate that the 1st respondent passes final orders in the application expeditiously. 4. In the above circumstances, I dispose of this writ petition with the following directions: W.P.(C).No. 6230 OF 2008 4 The 1st respondent shall consider and pass orders on Ext.P4 application submitted by the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the 1st petitioner. Till orders are so passed, the petitioner shall not be deported from India. However, the 1st petitioner shall report to the 3rd respondent once on every week and it would be open to the respondents 2 and 3 to take appropriate action against the petitioners if it is found that they are engaged in activities which is detrimental to the State. S.SIRI JAGAN, JUDGE bkn/-