- Himachal HC clarifies Indian citizenship by birth (1950-1987).
- Court directs passport issuance for woman denied due to error.
- Section 3 of Citizenship Act, 1955, upheld by court.
Jagran Legal Correspondent, Shimla | The Himachal Pradesh High Court delivered a landmark order while hearing a plea of a woman whose passport application was rejected, citing her citizenship issue. The High Court clarified that under Section 3 of the Citizenship Act, 1955, every person born within the territory of India between January 26, 1950, and July 1, 1987, is legally a citizen of India.
What Is The Case?
The petitioner, Shitala Devi, a resident of Manali, moved to court after her application for a passport was rejected by the authorities. Justice Sandeep Sharma set aside an adverse police report which prompted passport authorities to cancel her application. Police in their verification claimed that Devi is a citizen of Nepal.
During police verification, the local administration (SDM and Tehsildar), citing the Gram Panchayat's statement, reported that the woman and her son were originally from Nepal and were living as tenants in Patlikuhal, Manali. Based on this adverse police report, the Regional Passport Office in Shimla refused to issue the passport.
Petitioner Presents Birth Certificate In The Court
However, the woman claimed that she possessed a valid birth certificate issued by a competent authority. She presented documents that established that she was born on May 3, 1972, in Patlikuhal (Manali), Kullu. Earlier, in another police investigation report, the Panchayat Pradhan had declared her an Indian citizen.
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Citing Section 3(1) (a) of the Citizenship Act, 1955, the High Court held that since the petitioner was born in the territory of India on May 3, 1972, she is a citizen of India by birth. Therefore, the court said she cannot be denied a passport because she is a foreigner or a Nepali citizen.
The passport department acted on the police report; therefore, the court said there is no fault on its part, but the state government and the police administration must correct their mistakes.
The High Court directed the state government and police to issue a new and positive verification report for the woman within two weeks, in accordance with Section 3 of the Citizenship Act. The passport office will then be required to complete the process of issuing her passport as soon as possible under the law, it added.
This court order makes it clear that if a person was born in India within the prescribed timeframe and has valid records, their Indian citizenship cannot be challenged based on discrepancies in administrative reports.
(With Inputs from Rohit Nagpal)