Case: State of U.P Vs. Mohammad Din and Ors

2. Re. C.A. No. 1339 (N) of 1971 : Respondents filed Civil Suit No. 231 of 1955 on May 3, 1955 against the State of Uttar Pradesh and the Union of India praying for a declaration that the respondents are the citizens of Indian Union and are entitled to permanently live at Aligarh or any other part thereof and for a permanent injunction restraining the defendants in the suit from deporting them to Pakistan or from prosecuting them under various statutes on account of their alleged failure to return to Pakistan. The suit was contested on diverse grounds, one such being that the respondents had migrated to Pakistan and returned to India on a passport issued by the Government of Pakistan. This contention squarely raised the issue whether thes had when or how acquired the citizenship of Pakistan. The trial court decreed the suit and after an unsuccessful appeal by the present appellant, the matter reached the Allahabad High Court. The learned Judge set aside that judgment and decree and remanded the case to the trial court to decide the case afresh in the light of the law laid down in Abida Khatoon v. State of U.P. (AIR 1963 All 260   : (1963) 1 Cri LJ 724). After remand the suit of the respondents was decreed and the decree was affirmed in first appeal. When the matter came up before the High Court in the second appeal before a learned Single Judge, a contention was raised that in view of the decision in state of Uttar Pradesh v. Shah Mohammad ((1969) 3 SCR 1006   : (1969) 1 SCC 771  ) the civil court had no jurisdiction to entertain the suit once the contention as envisaged byn (2) of Section 9 of the Citizenship Act, 1955 (Act for short) was raised. This contention on behalf of the appellant was negatived by the learned judge observing that on the earlier occasion the High Court had held that the civil court had jurisdiction to entertain the suit and the remand was limited to the question of determination of issue on merits only. It was further held that as the earlier decision is binding between the parties, the appellant cannot be allowed to reagitate the same. Accordingly the second appeal was dismissed. Hence this appeal by special leave3. Re. C.A. No. 2044 (N) of 1971 : Respondents filed Civil Suit No. 233 of 1955 on May 3, 1955 for the same reliefs as in the cognate case. The learned trial Judge dismissed the suit holding that the respondents have migrated to Pakistan and as they have returned to India on a passport issued by the Government of Pakistan, they have become citizens of Pakistan which indicate that they have renounced their Indian citizenship. Plaintiffs preferred an appeal in the Court of the District Judge. The learned Judge agreed with the view taken by the learned trial Judge and dismissed the appeal. The plaintiffs thereupon preferred second appeal to the Allahabad High Court. The learned Single Judge set aside the judgment and decree of the trial court and the first appellate court and remitted the matter to the trial court for a fresh adjudication in accordance with the principles of law enunciated in the case hereinbefore quoted. After the remand the trial court decreed the suit of the respondents and the second appeal by the original defendants failed on the same ground on which the appeal in the cognate case failed. Hence this appeal by special leave.

Reasoning:
This Court specifically held that from the amplitude of the language employed in Section 9, the legislative intention has been made clear that all cases which come up for determination where an Indian citizen has voluntarily acquired the citizenship of a foreign country after the commencement of the Constitution, that is after January 26, 1950 and before the commencement of the Act i.e. December 30, 1955 have to be dealt with and decided in accordance with the provisions contained in Section 9(2) of the Act. This Court specifically held that civil court will have no jurisdiction to decide the issue arising in a suit instituted before the commencement of the Act as the Central Government alone has been constituted the exclusive forum for the same. This legal position is unquestioned and unquestionable. Therefore the decision of the High Court is wholly unsustainable, and both the appeals will have to be allowed8. Mr Mahajan appearing in one of the two appeals urged that the Court should retain the suits and direct the Central Government to decide the question : whether the respondents had acquired that citizenship of another country i.e. Pakistan and thereby their Indian citizenship stood terminated and till then they should not be deported. We would have been happy to accede to this contention but let it be made very clear that the law in this behalf has been laid down way back in 1969. The decision in Shah Mohammad case ((1969) 3 SCR 1006   : (1969) 1 SCC 771  ) which specifically overruled the decision of the Allahabad High Court in Abida Khatoon case (AIR 1963 All 260   : (1963) 1 Cri LJ 724) was specifically brought to the notice of the learned Single Judge hearing the second appeal and yet for reasons whollye and entirely unsustainable, the learned Judge declined to apply the law which was binding on him. At any rate, the appellants had knowledge of the legal position from 1969 and it was for them to have taken recourse to appropriate proceeding by moving the Central Government to get the relief. The suit is pending for 30 years and it is not possible therefore, to accede to the request of Mr Mahajan.