Voluntarily Acquiring Citizenship Of Pakistan Resulted In Termination Of Indian Citizenship: J&K High Court Upholds Deportation Order

The High Court of Jammu & Kashmir and Ladakh, while dismissing a 34-year-old writ petition challenging deportation orders, held that "The petitioners have acted in their own volition and acquired the citizenship of a foreign Country. Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the petitioners are not citizens of India and, as such, orders to deport them were valid."Justice Sindhu Sharma ruled that there was no legal infirmity in the deportation orders issued against the petitioners, who had been staying in Srinagar for over three decades based on a judicial stay against removal.While dismissing their petition, the court remarked, “.. the petitioners are staying in India, Srinagar on the strength of the fact that the orders of deportation was stayed by this Court vide order dated 25.04.1990. The petitioners having voluntarily acquired the citizenship of another country in terms of Section 9 of the Citizenship Act 1955 and being aware of their status had entered the State of Jammu and Kashmir”Background of the Case:The petitioners, presently residing in Srinagar, had approached the High Court in 1990 through writ petition and sought to declare the deportation orders issued by the Home Department as illegal and unconstitutional, and further sought a mandamus restraining authorities from removing them from Indian territory.Petitioner No. 1 was born in Srinagar in 1945 but became stranded in Pakistan during the 1948 war, eventually acquiring Pakistani citizenship. Petitioner No. 2, also born in Srinagar in 1962, held an Indian passport until she married Petitioner No. 1 in Rawalpindi in 1986. Post-marriage, she too acquired Pakistani nationality. The couple, along with their minor son, entered India in 1988 on valid Pakistani passports and were issued residential permits in Srinagar.Though the Home Department initially granted three consecutive 30-day visa extensions, all valid until November 1, 1988, subsequent requests for further extension and resumption of Indian citizenship were denied. A deportation order dated September 13, 1989, was issued against them.Represented by Advocate Mohammad Altaf Khan, the petitioners contended they were involuntary Pakistani citizens due to historical circumstances and their birth and familial roots in Srinagar entitled them to Indian citizenship and protection from deportation. The deportation violated Article 14 of the Constitution and was arbitrary, unjust, and against natural justice, they argued. Senior AAG Mr. Mohsin Qadiri and DSGI Mr. T.M. Shamsi asserted that the petitioners had voluntarily acquired Pakistani citizenship and admitted the same. It was submitted that as per Section 9(1) of the Citizenship Act, 1955, voluntary acquisition of foreign citizenship results in automatic cessation of Indian citizenship and their continued stay in India post-expiry of residential permits amounted to illegal presence.Observations of the Court:Justice Sharma undertook an extensive analysis of constitutional provisions (Articles 5–11) and Section 9 of the Citizenship Act, 1955. She referred to binding precedents including Izhar Ahmad Khan vs. Union of India (1962) and Union of India vs. Pranav Srinivasan (2024), reinforcing the principle that voluntary acquisition of foreign citizenship strips one of Indian citizenship by operation of law.The Court categorically held, “Petitioner No. 1 is admittedly a citizen of Pakistan and chose to remain so. Petitioner No. 2 acquired Pakistani citizenship voluntarily after marriage. Both entered India on Pakistani passports with limited visas and residential permits that expired decades ago.”The Court rejected the argument of “involuntary” acquisition, stating that, “There is nothing on record to suggest that their request for Indian citizenship has been accepted. They continue to reside in Srinagar without legal entitlement.”It also noted that the petitioners had never placed any proper application or proof of citizenship claim under Indian law. The unsigned communications to the Chief Minister and Ministry of Home Affairs were insufficient to establish any legal right.“.. The petitioners submit that they have sought citizenship of India, in support of their claim, have relied upon several communications. One such communication, dated June 1989, was addressed by the petitioners to the Hon'ble Chief Minister of the State of Jammu and Kashmir, seeking the grant of Indian citizenship… However, upon perusal of the latter communication, it is observed that it bears no signature from any competent authority”, the court remarked. Dismissing the petition, the Court concluded, “Voluntary acquisition of citizenship of another country by an Indian citizen results in the termination of Indian citizenship. The petitioners are not citizens of India and hence, the deportation orders are legally valid.”Accordingly, the petition was dismissed. APPEARANCES:For Petitioners: Mr. Mohammad...

Voluntarily Acquiring Citizenship Of Pakistan Resulted In Termination Of Indian Citizenship: J&K High Court Upholds Deportation Order

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