MOHAMMED AHMED Vs. STATE OF KERALA

JUDGEMENT

(1.) "Breathes there the man with soul so dead Who never to himself hath said, This is my own, my native land" Sir Walter Scott. "Citizenship is man's basic right; for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen" (Chief Justice Earl Warren in Perez v. Brownell) Here is a petitioner who craves for Indian citizenship and cries for the determination of his rights by the Central Government. The Government dealt him a hard blow on harsh technicality. And so, to the brief facts:

(2.) WHEN India became free, Mohammad Ahmed, the petitioner was an Indian citizen. He was born in 1938 in Kerala. He had thus his roots in India where his parents, brothers and sisters were also born. He married a woman also born in India. He came from a poor family and he was illiterate, poverty preventing him from prosecuting his studies beyond the second standard. He was, however, enterprising and even adventurous. "He plunged into the deep without fear" and reached Bombay and served as a supplier in a small hotel till 1953. In 1953, one Seethi Koya Thangal, also from his village promised him better prospects and took him to Karachi where he worked in the Kerala Muslim Hotel till 1956. He had to return to India and he did. He says, on the advice of his friends he put bis marks on several blank papers, got his travel documents and reached his homeland. He states that he did not have any intention to change his domicile or acquire the citizenship of Pakistan. He desires to remain in India. He was sought to be deported to Pakistan. He took advice from his friends; and he filed applications before the Central Government. He filed an application under S.9(2) of the Citizenship Act, and he seems to have filed another application under S.5 (1) of the same Act for registration as an Indian citizen. The petitioner has repeated in his applications that he continues to be an Indian citizen. WHEN eventually his application under S.9(2) was rejected on 30-10-80 as per Ext. P2, and deportation was issued on 28-12-80 (Ext. P3), the present writ petition was filed. He has got a stay and he continues in India.

(3.) UNDER Art.5 of the Constitution any person who at the commencement of the Constitution, had his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who have been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, is deemed to be a citizen of India. Art.6 deals with the acquisition of the rights of citizenship of persons who have migrated to India from Pakistan. Art.9 provides that no person shall be a citizen of India by virtue of Art.5, or be deemed to be a citizen of India by virtue of Art.6 or Art.8, if he has voluntarily acquired the citizenship of any foreign State.