Madhya Pradesh High Court
Bhalchandra (Bhalu) vs Union Of India Ministry Of Home on 19 August, 2019
Author: Vivek Rusia
Bench: Vivek Rusia
-1- W.P.No.9557/2019
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
WRIT PETITION NO.9557/2019
(Bhalchandra (Bhalu) s/o Dattatray Mondhe vs. The Union
of India & others)
19.08.2019 (INDORE):
Shri A.K.Chitale, learned Senior Advocate with Shri
Amit Pardeshi for the petitioner.
Shri Aniket A.Naik, learned counsel for the
respondents No.1 & 2.
Shri Kushal Goyal, learned counsel for the respondent No.4.
Petitioner has filed the present petition seeking direction to the respondents to grant him Indian citizenship. He has filed a copy of the letter dated 06.05.2019 (Annexure P/15) by way of Additional document by which the Under Secretary to the Govt. of India, Ministry of Home Affairs has informed the Secretary, Home, Govt. of Madhya Pradesh that in view of the application submitted under section 5(1)
(c) of the Citizenship Act, 1955 the petitioner could be formally registered as citizen of India subject to fulfilment of following requirements.
i. The applicant may be asked to renounce his present nationality by making an application to the concerned Mission of his country in India in accordance with the law of that country.
ii. Deposit the fee prescribed for such registration viz. Rs.10000/- per application creditable to the Ministry of Home Affairs receipt head No.0070-Other Administrative Services-Other Services-receipt under -2- W.P.No.9557/2019 Citizenship Act in the State Bank of India through treasury Challan which will be adjustable by the Pay & Accounts Officer, Ministry of Home Affairs.
In para-3 he has also directed the Secretary, Home to obtain documentary evidence regarding renunciation of present foreign nationality, payment of fee, three copies of recent passport size colored photographs, duly filled Form- XII of Schedule-I to the Citizenship Rules, 2009 and three specimen signatures of the petitioner. According to the petitioner he has completed all these formalities.
Vide order dated 26.07.2019 Shri Naik was directed to obtain instructions in respect of the communication dated 06.05.2019. Shri Naik filed a copy of the letter dated 13.06.2019 written by Under Secretary to the Govt. of India, Assistant Solicitor General that vide letter dated 06.05.2019 the Ministry requested the petitioner to furnish original renunciation certificate along with other requisite documents because the Indian Constitution and the Citizenship Act, 1955 do not allow dual citizenship, therefore, before granting Indian citizenship the petitioner has to renounce his/her foreign nationality and submit a proof in the form of renunciation certificate. The requisite documents are still awaited in the Ministry.
Shri Naik has produced the photocopy of the application form which is required to be submitted for renunciation of British citizenship. In the form it is mentioned that "if your declaration of renunciation is -3- W.P.No.9557/2019 registered the applicant's copy of this form will be signed, stamped and returned to you and will be formal evidence of the renunciation."
In view of the above, learned Senior Counsel for the petitioner is directed to obtain instruction from the petitioner whether the aforesaid declaration has been submitted in the prescribed form by the petitioner or not? Shri Naik, learned counsel for the Union of India is also directed to obtain instruction whether in view of the aforesaid declaration given by the petitioner the copy of this form will be a formal evidence of renunciation or not?
List on 03.09.2019.
A typed copy of this order be provided to the counsel for the Union of India for early compliance.
C.c as per rules.
(VIVEK RUSIA) JUDGE Digitally signed by Hari Kumar Nair Date: 2019.08.20 11:09:23 +05'30' hk/