WAHIDA REHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a Pakistani National. On 6th August, 1997 a Governmental order was passed by the Under Secretary to the Government of India Ministry of Home Affairs/Grih Mantralaya saying that the petitioner obtained Pakistani Passport in 1994. By obtaining Pakistani Passport she preferred to renounce her Indian Citizenship voluntarily. Therefore, the Central Government in exercise of the powers conferred on it under Section 9 (2) of the Citizenship Act, 1955 and the Rules made thereunder had no hesitation whatsoever to declare her a Pakistani National for the act of renouncing her Indian Citizenship after 25th January, 1994 when she obtained second Pakistani Passport and became major.

(2.) WRIT jurisdiction of this Court was invoked on 27th February, 1998 and an interim order was obtained from a Division Bench of this Court on 1st April, 1998 to the extent that petitioner shall not be deported for the time being. That interim order was continued time to time.

(3.) THE petitioner wanted to establish that she has two previous marriage which was ultimately terminated by Talak. We do not want to go such controversy since she has married thereafter and living in India. We are only concerned about the interest of the country vis -a -vis the petitioner. The Government of India contended on the basis of their instruction dated 30th May,2005 that if the application is made through proper channel i.e. in terms of Rules 7 and 9 of the Citizenship Rules, 1956 the purpose will be subserved. The application will be made to the District Collector who in turn forward the same to the State Government for future transmission to the concerned Ministry of Government of India. At the same time in paragraph 3 of the instructions the concerned Authority has made a note that if the applicant is holding valid Passport and Residential Permit since 1994 she can make an application for grant of Indian Citizenship as a person married to a citizen of India or as a person of Indian origin, provided she has completed seven years of stay in India.