DAIVID JOHN HOPKINS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Appeal is directed against the order of S. Jagadeesen, J., dated 31-8-1995 in W.P.No. 11063 of 1995 (reported in AIR 1996 Madras 314).

(2.) W.P.No. 11063 of 1995 was filed by the appellant, who is a citizen of United Kingdom, for a declaration that Section 14(1) of the Citizenship Act, 1956 (Act 57 of 1955) (hereinafter referred to as the Act) ultra vires Article 14 of the Constitution of India, which embodies the rule of law, and void.

(3.) The case of the appellant, as put forth in the writ affidavit is, in short, as follows :- The appellant came to India in 1970, mainly with the idea of making India his permanent home and spend his time in Ashrams for meditation and learning Indian philosophy. Initially, he stayed at Swami Vivekananda Sevashrams and Swami Vivekananda Home of Renunciation and Service, Moradabad, Uttar Pradesh. According to the appellant, he lived in the Ashram as Sanyasi for nearly 14 years, i.e., between 1970 and 1985 studying Mahabharat, Ramayan and like scriptures, reading the works of modern saints like Swami Vivekananda and Sri Aurobindo, receiving spiritual instructions from his Guru and rendering service to the lepers. The appellant originally gave up his English name and took an Indian name on 11-6-1985. He assumed the Hindu name Swami Shivapranananda. Subsequently, he gave up the assumed name on 22-3-1988 and reverted back to his original name.