Madhya Pradesh High Court
Vivek Khandelwal vs Union Of India Thru. Ministry Of Home ... on 14 January, 2020
Author: S.C.Sharma
Bench: S.C.Sharma
Writ Petition No.5675/2016 1
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
Writ Petition No.5675/2016 (PIL)
Vivek Khandelwal & Another v/s The Union of India & Others
Indore, dated 14.01.2020
Shri P.R. Bhatnagar, learned counsel for the
petitioners.
Shri Abhishek Tugnawat, learned counsel for the
respondents / State.
Shri Mahesh Sharma, learned counsel for respondent No.3.
Shri Lucky Jain, learned counsel for respondent No.7.
The petitioners before this Court have filed this present petition by way of Public Interest Litigation alleging inaction on the part of the Union of India as well as the State of Madhya Pradesh in taking action against the Sindhi people of Pakistan Origin, who are staying in India in violation of the terms and condition of the VISA granted to them.
The petitioners' contention is that large number of persons, who are Pakistani citizens, have obtained Indian VISA and they are not leaving the country and no action has been taken by the State Government as well as by the Union of India.
The petitioners have prayed for the following relief :-
(a) This Hon'ble Court may kindly issue appropriate writ / order / direction to the respondent to declare the entire process of granting Citizenship to "Pakastani Migrants" as null and void and further pass Writ Petition No.5675/2016 2 appropriate order directing the respondent to cancel all the citizenship given to the "Pakistani Migrants"
by the respondent No.8 because the same is not only against the Constitution of India but also against the national interest and security.
(b) This Hon'ble Court may be pleased to issue appropriate writ / order / direction to the respondent No.8 to verify and ensure how many " Pakistani Migrants" are residing in Indore against the VISA policy and produce list of those persons who are residing in Indore after expiration of immigration period before this Hon'ble Court.
(c) This Hon'ble Court may be pleased to issue appropriate writ / order / direction to respondent No.8 and 9 to submit a detail records before this Hon'ble Court that if they have allowed " Pakistani Migrants"
to stay in Indore after expiry of their immigration period then under what circumstances and on what basis their period of stay has been extended.
(d) This Hon'ble Court may kindly issue appropriate writ / order / direction to respondents No.7 to 11 to produce before this Hon'ble Court list of Shop Establishment Licence, Driving Licence, Voter Card, Rashan Card and Permanent Resident Card they have issued to "Pakistani Migrants" who are residing in Indore.
(e) This Hon'ble Court may kindly issue appropriate writ / order / direction for conducting enquiry by the independent agency against the responsible authorities for issuance of illegal and force documents of identification, driving licence and other documents in the name of "Pakistani Migrants"
Writ Petition No.5675/2016 3from the government office of respondents No.7 to 11.
(f) Any other relief which this Hon'ble Court may deem fit.
(g) Allow this petition with cost. Learned Government Advocate has informed this Court that the Parliament has enacted the Citizenship Amendment Act, 2019 and the same has received the assent of the President on 12.12.2019.
A notification has also been issued in respect of the appointed date and the Citizenship Amendment Act, 2019 came into force. The Citizenship Amendment Act, 2019 reads as under :-
"(1) This Act may be called the Citizenship (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, in sub- section (1), in clause (b), the following proviso shall be inserted, namely:--
"Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section
3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;".
3. After section 6A of the principal Act, the following section shall be inserted, namely:--
'6B. (1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application Writ Petition No.5675/2016 4 made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2.
(2) Subject to fulfilment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India.
(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him:
Provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the Central Government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section:
Provided further that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the ground of making such application.
(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.'.
4. In section 7D of the principal Act,--
(i) after clause (d), the following clause shall be inserted, namely:--
"(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Writ Petition No.5675/2016 5 Official Gazette; or";
(ii) after clause (f), the following proviso shall be inserted, namely:--
"Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.".
5. In section 18 of the principal Act, in sub- section (2), after clause (ee), the following clause shall be inserted, namely:--
"(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;".]
6. In the Third Schedule to the principal Act, in clause (d), the following proviso shall be inserted, namely:--
'Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of "not less than eleven years".
Section 2 of the Citizenship Amendment Act, 2019 provides that persons belonging to Hindu, Sikh, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan who have entered into India on or before 31.12.2014, shall not be treated as illegal migrant.
In light of the aforesaid statutory provision of law, the persons are to be granted the citizenship subject to the statutory provisions as contained under the Citizenship Amendment Act, 2019, and therefore, as the law has been enacted by the Parliament, the question of granting relief to the petitioners does not arise.
Learned counsel appearing for the Union of India as well as the State of Madhya Pradesh have fairly stated Writ Petition No.5675/2016 6 before this Court that they shall be taking appropriate action in accordance with law in light of the Citizenship Amendment Act, 2019.
In light of the aforesaid, no further orders are required to be passed in the present writ petition, which has been filed by way of Public Interest Litigation and the same is dismissed accordingly.
Certified copy, as per rules.
(S.C. SHARMA) (SHAILENDRA SHUKLA)
JUDGE JUDGE
Ravi
Digitally signed by Ravi Prakash
Date: 2020.02.10 13:22:57 +05'30'