NUZHAT JAHAN Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Mr. Rajesh Mahajan, Additional Standing Counsel appearing for the state has filed a status report verifying the fact that the present petitioner was married to Mohd. Gulfam, son of Mohd. Usman resident of 2914, Kala Masjid, Turkman Gate, Delhi and her husband is not involved in any criminal case, as per the Police Station Chandani Mahal, Delhi. Learned Additional Standing Counsel for State has further confirmed that the petitioner is the only legally wedded wife of Mohd. Gulfam and out of the wedlock, three children (two boys and a girl) were born. The address of the petitioner is also indicated in the status report and the fact that the petitioner also has a grandson is clarified therein. The status report also indicates that the petitioner had applied for Indian Citizenship before SDM/Darya Ganj, through an application dated 13th June 1996, but the said application is pending consideration. In the status report, the State has also verified the antecedents of the petitioner as well as her husband and it is stated to be clean.

(2.) Mr. Jatan Singh, Central Government Standing Counsel appearing for the Union of India states that he has received written instructions from the Ministry of Home Affairs, Government of India through Under Secretary (Foreigners) vide letter dated 6th August 2013 and the same has been placed on record. Based on the said communication, Mr. Jatan Singh, CGSC submits that the Pakistani passport of the petitioner was valid till the year 1993 and thereafter, she had not renewed the same from the Government of Pakistan. It is further submitted that the petitioner has applied for Indian Citizenship on 24th June 1998 through DCP, Special Branch, Delhi, but the said application of the petitioner is still pending consideration and could not be acceded to, on account of the fact that her stay since 1994 in India has not yet been regularised and even her Long Term Visa was not extended. Mr. Jatan Singh, CGSC also submits that for seeking regularisation of her stay and for further stay on the Long Term Visa on account of her marriage with an Indian Citizen, the petitioner has to take steps to file an application before the DCP, Special Branch, Delhi. Mr. Jatan Singh, CGSC also submits that after the final decision is taken by the Home Department, Government of NCT of Delhi on regularisation of her stay and grant of further extension of her Long Term Visa, the Ministry of Home Affairs shall consider the said application filed by the Petitioner for the grant of her Indian Citizenship. Mr. N.D. Pancholi, learned counsel for the petitioner submits that the petitioner shall take immediate steps as suggested by the Ministry of Home Affairs in their communication dated 6th August 2013, without any delay. Learned counsel for the petitioner further submits that this court may give the direction for release of the petitioner from Beggar's Home, Nirmal Chhaya Parisar, Delhi, where she is presently lodged, until any final call is taken on her application for grant of Indian citizenship. Learned counsel for the petitioner further submits that the petitioner has already completed her sentence under Section 5(1)(c) of Citizenship Act, 1955 therefore, a writ of habeas corpus or any other writ or order be issued in the facts and circumstances of this case.

(3.) As per the case set out by the petitioner in the present petition, petitioner is a Pakistani citizen who got married to an Indian citizen Mohd. Gulfam on 2nd August 1983 in Pakistan. After her marriage, she came to India alongwith her husband in 1983 on a Pakistani Passport and on valid Indian visa. She started residing at the matrimonial home in Turkman Gate, Delhi. Visa of the petitioner was being extended on long term basis time to time and finally, it was extended up to the year 1994. In the meanwhile, three children were born out of the said wedlock of petitioner with Mohd. Gulfam. The Pakistani passport got expired in the year 1993. The petitioner thereafter, had applied for grant of Indian Citizenship under Section 5(1)(c) of Citizenship Act in October 1996, at the office of the Deputy Commissioner, Delhi and the said request of the petitioner was transferred by the office of Deputy Commissioner of Delhi to the Ministry of Home Affairs, New Delhi and since then, as per the petitioner, her application is pending consideration.