Delhi High Court - Orders
Rachita Francis Xavier vs Union Of India & Ors on 15 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1754/2020
RACHITA FRANCIS XAVIER ..... Petitioner
Through: Mr. Bharadwaj S. Iyengar & Mr.
Vikas Upadhyay, Advocates,
(M.9871900105)
versus
UNION OF INDIA & ORS. ..... Respondent
Through: Mr Anurag Ahluwalia CGSC with
Mr Abhigyan Siddhant Adv. R, 1-3.
(M. 9811418995)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.05.2024
1. This hearing has been done through hybrid mode.
2. The present writ petition relates to a minor who seeks issuance of a passport. The Petitioner, Ms. Rachita Francis Xavier, is a young girl who was born, raised, and educated in India. She was born on 7th November, 2006 to parents who are U.S. citizens and possessing OCI cards.
3. The judgment in the present writ petition has been pronounced today with the following directions:
"54. The Petitioner's circumstances are that despite having been born in India to two OCI Card holders, educated in India and lived in India with her family, she is unable to obtain a passport. The circumstances under which the Petitioner is situated are clearly special circumstances as contemplated under Section 5(4) of the Act.
55. The said circumstances are:
i. The Petitioner was born in India; ii. Both her parents were citizens of India;W.P.(C) 1754/2020 Page 1 of 4
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 22:32:06 iii. At the time the Petitioner was born, her parents were U.S. citizens, but they have predominantly lived in India;
iv. The Petitioner's parents possessed & were granted OCI cards;
v. The Petitioner's mother has passed away; vi. She presently lives with her father in Bengaluru;
vii. She has been wholly educated in Bengaluru;
viii. She does not possess travel documents of any country;
ix. She does not fall under the definition of illegal migrant and is entitled to be considered as a person of Indian origin. x. Non-issuance of a travel document to her would render her Stateless;
xi. She has close affiliation in India and family ties in India.
56. In the opinion of this Court, the present case is one where there are special circumstances, for the Central Government to use the enabling powers, as contemplated under Section 5(4) for favorably considering grant of citizenship to the Petitioner.
Accordingly, the following directions are issued:
i) The Petitioner is permitted to apply for registration as a citizen under Section 5 of the Act. The application shall be processed and the decision on the citizenship, shall be rendered, considering the legal position set out above, within 30 days, upon completion of all formalities;
ii) Upon obtaining the said citizenship by registration, the Petitioner shall file a fresh application under the Passports Act for issuance of a passport, which shall be granted expeditiously - i.e., within 15 W.P.(C) 1754/2020 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 22:32:06 days from date of application.
Further, considering that the Petitioner herself is acquiring the age of majority in November 2024 and has clearly expressed her intent and choice to be an Indian citizen, as per the Office Memorandum dated 25th October, 2018, the above order is being passed in the unique and special facts and circumstances of the present case."
4. As can be seen directions have been issued for consideration of the Petitioner's prayer for citizenship and issuance of passport. On a query from the Court, Mr. Ahluwalia, ld. CGSC submits that there is no specific Form which can be filed for consideration of an application under Section 5(4) of the Citizenship Act, 1955. A perusal of the said provision shows that the provision is an enabling provision that enables the Central Government to grant citizenship by registration under special circumstances to a minor.
5. In view of the decision given today by this Court, let the Petitioner and her father appear before the officer designated by the Central Government on 27th May, 2024 along with their documents of identity, date of birth, etc. They shall appear before the following official:
Name Mr. R.D. Meena
Designation Director (Citizenship)
Concerned Ministry Ministry of Home Affairs
Address Hall No. 19, 2nd Floor, MDC
National Stadium, India Gate
Circle, New Delhi
Contact Number +91 9794783808
Email ID [email protected]
6. The Petitioner shall appear before the aforementioned official on 27th May, 2024 at 11:30 a.m. If after perusing the decision and the documents of W.P.(C) 1754/2020 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 22:32:07 the Petitioner, any further formalities are to be undertaken by the Petitioner, the Petitioner shall do the needful. The official concerned shall cooperate with the Petitioner including for coordination with the local Collector/Magistrate in Bengaluru and also the Home Department in the State of Karnataka.
7. The Petitioner shall carry out any further formalities which may be so directed.
8. The concerned official to expeditiously process the case of the Petitioner for grant of citizenship by way of registration to the Petitioner by 30th June, 2024, in terms of the directions given by the Court in the judgment pronounced today.
PRATHIBA M. SINGH, J.
MAY 15, 2024/Rahul/am W.P.(C) 1754/2020 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 22:32:07