LAWS(ALL)-2020-9-21

NAGESHWAR MISHRA Vs. UNION OF INDIA

Decided On September 02, 2020
Nageshwar Mishra Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition in the form of Public Interest Litigation has been filed inter alia for the following relief:-

(2.) The allegations have been made in the petition against the Respondent No. 3, Kanhaiya Kumar, a former President of the Students' Union of Jawahar Lal Nehru University Delhi for allegedly raising anti national slogans during an event that took place in JNU campus on 9.2.2016. Following the said incident Kanhaiya Kumar and others are facing the trial after receiving nod for prosecuting them in a sedition case.

(3.) Learned counsel for the petitioner stated that despite the anti-national slogans raised by the Respondent No. 3, Kanhaiya Kumar, the Government of India, is not taking any action to terminate his Indian Citizenship. It has been further averred in the writ petition that Kanhaiya Kumar and his associates are supporting the freedom struggle of terrorist groups who are working on the instigation of Pakistan to destabilize the unity and disturb the peace and tranquility of our country. It has been further averred that a criminal case has been instituted by lodging an FIR (No. 110 of 2016) under Sections 124-A, 323, 143, 149 and 120-B IPC against Kanhaiya Kumar and his associates for raising anti-national slogans. It has been further stated that keeping in view the anti-national activities, Respondent No. 3, Kanhaiya Kumar be deprived of citizenship under Clause (2) of Section 10 of the Indian Citizenship Act, 1955.