Minors Surrendering Pakistani Passport While Migrating To India Sufficient Proof Of Renunciation Of Pakistan Citizenship: Kerala HC
The Kerala High Court observed that the fact that minors had surrendered their Pakistani passports while migrating to India is sufficient proof of their renunciation of Pakistan citizenship.
The Court directed the Government authorities to consider the representation made by a mother and grant Indian citizenship to her two daughters without insisting on a Renunciation Certificate, treating the No Objection Certificates issued by the Pakistan High Commission for the grant of Indian Nationality.
A Single Bench of Justice T.R. Ravi observed, “The 1st respondent is directed to consider Ext.P12 representation submitted by the 1 st petitioner and grant citizenship to the 2nd and 3rd petitioners without insisting on a Renunciation Certificate, treating the No Objection Certificates issued by the Pakistan High Commission for the grant of Indian Nationality to the petitioners 2 and 3 and the fact that they had surrendered their Pakistani passport while they were minors, while migrating to India, as sufficient proof of renunciation of Pakistan citizenship.”
Advocate M. Sasindran appeared for the petitioners, while CGC Mini Gopinath represented the respondents.
The petitioners had moved to India in 2008 under a permit granted by the Indian Government. However, their applications for Indian citizenship were hindered by the requirement of a Renunciation Certificate from the Pakistani Government, which they were unable to obtain. The petitioners argued that the Pakistani Embassy issues such certificates only to individuals above the age of 21, and since the petitioners had surrendered their Pakistani passports before reaching that age, they were ineligible for the certificate.
The Court noted that the petitioners had fulfilled all other requirements, including the submission of Form VI applications as per Rule 8 (1) (a) of the Citizenship Rules, 2009 (Rules), and that the petitioners had provided No Objection Certificates from the Pakistan High Commission. The court also noted the impossibility of the petitioners obtaining a Renunciation Certificate under the circumstances.
“The undisputed facts of this case would show that the petitioners will not be able to produce a renunciation certificate as directed to be produced. It would be directing them to do the impossible. As already stated, the petitioners surrendered their Pakistani passports when they were minors at the time of migration, and they cannot travel back to Pakistan claiming to be Pakistani citizens,” the Court remarked.
“The declaration of the renunciation is to be registered by the Director of Immigration and Passports, in the register maintained for the purpose and then communicate back the said fact to the Pakistan High Commission with the required certificate,” the Court further explained.
The Court explained that the requirement for the renunciation certificate can only be treated as a rule of evidence and cannot be treated as a substantive requirement. The Court noted that the petitioners did not intend to and also could not go back to Pakistan as Pakistani nationals as they had surrendered their Pakistani passports when they migrated to India.
Consequently, the Court observed, “It is evident that the petitioners do not intend to and cannot also go back to Pakistan as Pakistani nationals, as they had surrendered their Pakistani passports long back when they migrated.”
Accordingly, the High Court allowed the petition.
Cause Title: Rasheeda Bano & Ors. v. Union Of India & Ors. (Neutral Citation: 2024:KER:54956)
Appearance:
Petitioners: Advocates M.Sasindran and T.S.Bharath Krishna
Respondents: CGC Mini Gopinath; GP Sunil Kumar Kuriakose
