UNION OF INDIA Vs. PRANAV SRINIVASAN

JUDGEMENT

(1.) The issue involved in these cases concerns the grant of Indian citizenship to Pranav Srinivasan, the respondent in the civil appeal and petitioner in the writ petition.

(2.) A few factual aspects must be set out to appreciate the factual and legal controversy. The paternal grandparents of Pranav were born in India before independence. Pranav's father and mother were born in India in 1963 and 1972, respectively. On 19/12/1998, Pranav's parents adopted citizenship of Singapore. On 1/3/1999, Pranav was born in Singapore as a citizen of Singapore. According to the case of Pranav, on 20/4/2012, his parents renounced their Indian citizenship. On 5/5/2017, when Pranav was eighteen years, two months and four days old, he submitted an application in Form XXV specified under Rule 24 of the Citizenship Rules, 2009, read with sub-sec. (2) of Sec. 8 of the Citizenship Act, 1955 (for short, 'the 1955 Act') for resumption of his Indian citizenship.

(3.) Earlier, Pranav filed a writ petition before the High Court of Judicature at Madras as his application in Form XXV was not considered. Ultimately, it was revealed that Pranav had not paid the necessary fees. Therefore, the High Court permitted Pranav to pay the required fees by the order dtd. 30/11/2017. The said order was modified by a further order dtd. 29/11/2018 in the writ petition filed by Pranav, and the High Court directed the concerned authorities to decide the application made by Pranav. By the order dtd. 30/4/2019, the Ministry of Home Affairs held that Pranav was not eligible for resumption of citizenship under Sec. 8(2) of the 1955 Act. Pranav was advised to reapply either under clause (f) or clause (g) of sub-sec. (1) of Sec. 5 of the 1955 Act. Pranav challenged the said order by filing a writ petition before the learned Single Judge of the High Court. Pranav succeeded before the learned Single Judge as it was held that he was entitled to resume his citizenship in accordance with Sec. 8(2) of the 1955 Act. Being aggrieved, the Union of India preferred an appeal before the Division Bench of the High Court. The appeal was dismissed. Therefore, Civil Appeal No.5932 of 2023 was preferred by the Union of India before this Court.