Kerala HC asks Centre to grant citizenship to two women who returned from Pakistan
The siblings, born in Pakistan, returned to Kerala in 2008 with their parents. The Centre had sought, among other documents, a renunciation certificate by the Pakistan government, which it did not issue since the applicants were minor. The Pakistan High Commission has issued no-objection certificates and the HC rules that the documents submitted will suffice to grant them citizenship
The Kerala High Court has directed the Union government to grant citizenship to two young women who were born in Pakistan, taking into account the no-objection certificate issued by the Pakistan High Commission and without insisting on a certificate of renunciation of Pakistan citizenship from the Pakistan government.
Justice T.R. Ravi passed the verdict recently while allowing a writ petition by Rasheeda Bano from Thalassery and her two daughters. According to the petition, Ms. Bano’s husband Mohammed Maroof, now employed in the UAE, had migrated from Kerala to Pakistan in 1977 along with his grandmother. In 2008, Mr. Maroof’s family moved to India upon getting permission from the Indian government for staying in the country.
The Centre decided to grant them registration as citizens under Section 5(1)(f) of the Citizenship Act, 1955, subject to compliance with certain requirements and submission of documents. One of the documents to be submitted is the renunciation certificate issued by the Pakistan government. As her daughters were minors, she could not apply for renunciation certificates. The Pakistan government would issue such a certificate only when they attain 21 years. Despite the submission of a no-objection certificate from the Pakistan High Commission, her daughters were not granted citizenship.
In three months
The court observed that the requirement for the renunciation certificate can only be treated as a rule of evidence and not as a substantive requirement. It is evident that the petitioners do not intend to and cannot go back to Pakistan as Pakistani nationals, as they had surrendered their Pakistani passports when they migrated. Besides, the Pakistan High Commission has already issued no-objection certificates. The documents submitted by the petitioners are sufficient to show that the petitioners have renounced their Pakistani citizenship. The court also ordered the Centre to issue orders in this regard in three months.
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