KARM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Can an Overseas Citizen of India ('OCI') or a Person of Indian Origin ('PIO') claim a right to represent India in an international sporting event? This is the question that arises for consideration in these two petitions, which also involve inter alia the interpretation of Sections 7A(i) and 7B of the Citizenship Act, 1955 ('the Act'). The Petitioners challenge the policy of the Government of India in the Ministry of Youth Affairs and Sports (MYAS), Respondent No. 3, as evidenced by its impugned communication dated 26th December 2008 followed by the clarification dated 12th March 2009 to the effect that only Indian passport holders will be permitted to represent India in international sports events.

(2.) Karm Kumar, the petitioner in Writ Petition (C) No. 4148 of 2010, is a citizen of the United Kingdom (U.K.) and holds a U.K. passport. He is an OCI. He is aggrieved by the decision of the Squash Rackets Federation of India ('SRFI'), Respondent No. 5, consistent with the policy announcement dated 26th December 2008 of the Government of India not to permit him to represent India in the international squash tournaments.

(3.) Karm Kumar was born in India. He is stated to have gone along with his parents to the United Kingdom when he was two to three years old. Both his parents and Karm Kumar are citizens of U.K. Like his parents, Karm Kumar is also a U.K. passport holder. His U.K. passport was last renewed on 1 4th February 2007.