Gujarat High Court
Mrs. Nazmabanu W/O Ikbalbhai Chhipa vs Union Of India & 3 on 15 October, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/4285/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4285 of 2014
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MRS. NAZMABANU W/O IKBALBHAI CHHIPA....Applicant(s)
Versus
UNION OF INDIA & 3....Respondent(s)
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Appearance:
MR MHM SHAIKH, ADVOCATE for the Applicant(s) No. 1
MR DEVANG VYAS, ASSTT. SOLICITOR GENERAL OF INDIA for the
Respondent No.1
MRS HANSA PUNANI, APP for the Respondent(s) No. 2 - 3.
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/10/2014
ORAL ORDER
RULE returnable forthwith. Mr.Devang Vyas, the learned Assistant Solicitor General of India waives service of notice of rule for and on behalf of the respondent no.1 - Union of India. Mrs.Punani, the learned APP waives service of notice of rule for and on behalf of the respondent nos.2 and 3 - State of Gujarat.
By this writ-application under Article 226 of the Constitution of India, the petitioner prays for a mandamus upon the respondents to decide her application dated 15 th November 2000 for registration as a citizen of India under the Page 1 of 6 R/SCR.A/4285/2014 ORDER provisions of the Citizenship Act, 1955.
The short facts giving rise to this application are that the parents of the petitioner, at the time of partition in the year 1947, migrated from India to Pakistan. The petitioner was born on 22nd July 1968 at Hyderabad in Pakistan. The petitioner got married with one Shri Iqbal, son of Ganibhai Chhipa, an Indian citizen residing in Ahmedabad, in the year 1992. For the purpose of marriage, the petitioner came to India, holding a Passport No.D-718155. After marriage with an Indian citizen, the petitioner applied with the Joint Commissioner of Police, Special Branch, Ahmedabad city, for obtaining Indian citizenship under Section 5(1)(c) of the Citizenship Act, 1955.
It appears that the Joint Commissioner of Police rejected such application vide order dated 29th November 2004 (Annexure-G to the petition, page 24). Being aggrieved by the order passed by the Joint Commissioner of Police dated 29 th November 2004, the petitioner filed a revision application before the Secretary, Ministry of External Affairs, Union of India, under the provisions of Section 15 of the Citizenship Act, 1955, which provides that if any person aggrieved by an order made under this Act by the prescribed authority or any officer Page 2 of 6 R/SCR.A/4285/2014 ORDER or other authority other than the Central Government may, within a period of 30 days from the date of the order, make an application to the Central Government for a revision of that order. Section 15(2) of the Act provides that on receipt of any such application under sub-section (1), the Central Government shall, after considering the application of the aggrieved person and any report thereon which the officer or authority making the order may submit, make such order in relation to the application as it deems fit and the decision of the Central Government shall be final.
It appears that the revision application under Section 15 of the Act, 1955 was filed way back on 13 th December 2004. It also appears that on 18th November 2013, the Under Secretary to the Government of Gujarat, Home Department, addressed a letter to the Secretary to the Union of India as regards the grant of long term stay to the petitioner in India. The letter reads as under :
"To, The Secretary to the Government of India, Ministry of Home Affairs, NDCC-II, Building, Jai Singh Road, Jantar Mantar, NEW DELHI - 110 001.
Subject : Grant of Long Term stay facilities to Pak
Page 3 of 6
R/SCR.A/4285/2014 ORDER
National.
Mrs.Nazama W/O Iqbal Chhipa.
Ref:- MHA'S Letter No.28020/30/206-F.III, dated
21/09/2007.
Sir,
I am directed to state that the LTV proposals of the above mentioned Pak National for the period up to 15/12/2007, 15/12/2011 and 15/12/2012 were forwarded to your Ministry vide the State Govt. letter of even number dated 17/02/2007, 28/11/2007, 05/02/2010 and 08/11/2012. Decision taken by your Ministry has not been received by the State Govt. so far.
2. Now, local Police authorities have submitted further LTV proposal for the period up to 15/12/2014 duly recommended. As the first LTV proposal has not been cleared by your Ministry, this State Govt. is unable to process the subsequent LTV proposals. Her revision application under section-15 of the Indian Citizenship Act, 1955 is pending with G.O.I.
3. In the circumstances stated above, the State Government has no objection if the Government of India considers the request of the above applicant for grant of extension of stay in India till 15/12/2014. The decision of the Government of India in the matter may please be intimated to the State Government at an early date as this case is pending for decision since long.
Yours faithfully, Sd/-
(Gunjan Vohra) Under Secretary to the Government of Gujarat Home Department."
It also appears from the materials on record that on 6 th February 2014, the petitioner has sent a reminder to the Secretary, Ministry of External Affairs, Union of India, to take Page 4 of 6 R/SCR.A/4285/2014 ORDER an expeditious decision on the revision application filed by the petitioner under Section 15 of the Act, 1955.
Having heard the learned counsel appearing for the parties and having gone through the materials on record, the following facts are not in dispute :
(1) The petitioner is a Pakistani national holding a Pakistani passport;
(2) The petitioner got married in India to an Indian national in the year 1992;
(3) Since the time of the marriage, the petitioner is residing in India pursuant to the permission granted by the authorities, more particularly, the LTV (Long Term Visa).
In the letter dated 18th November 2013 referred to above, it has been stated that the State Government has no objection if the Government of India considers the request of the petitioner for grant of extension of stay in India till 15 th December 2014. The Government of Gujarat has also requested the Union of India to intimate the decision which the Union may take on the revision application filed by the petitioner at an early date since the case is pending since long. Page 5 of 6
R/SCR.A/4285/2014 ORDER Taking into consideration the aforesaid aspects of the matter, it is expected that the Secretary, Ministry of External Affairs, Union of India, New Delhi, takes into consideration the revision application filed by the petitioner under Section 15 of the Citizenship Act, 1955 at the earliest and dispose of the same in accordance with law not later than 15th November 2014.
With the above observations and directions, this writ- application is disposed of.
(J.B.PARDIWALA, J.) MOIN Page 6 of 6