Court mandates action within four weeks on claims of fraudulent naturalization against a citizen of Chinese origin
In a significant ruling, the Allahabad High Court has directed the Central Government to act on allegations of citizenship fraud involving a naturalized Indian citizen originally from China. The judgment, delivered by Justices Shekhar B. Saraf and Indrajeet Shukla, mandates the Central Government to initiate an inquiry and pass a reasoned order within four weeks, as per the provisions of the Citizenship Act, 1955.
The case, Maha Bodhi Society of India v. Union of India, revolves around the petitioner's claim that respondent No.6 obtained Indian citizenship through fraudulent means, false representation, and concealment of material facts. The petitioner filed a writ under Article 226 of the Constitution, seeking a directive for the Central Government to take swift action based on applications submitted in late 2025.
The court emphasized the importance of adhering to the procedures outlined in Section 10 of the Citizenship Act and the associated Citizenship Rules, 2009. According to these rules, any inquiry into citizenship fraud must be conducted with due process, including issuing notice to the concerned individual.
During the proceedings, the Deputy Solicitor General of India suggested that the petitioner should initially approach the Collector, who would then forward a report to the State Government and subsequently to the Central Government. However, the court maintained that the application presented by the petitioner should be directly entertained by the Central Government if it contains material evidence.
While directing the Central Government to act, the court specified that if the petitioner's application lacks sufficient material, it could be rejected but must be accompanied by appropriate reasoning. This ensures transparency and accountability in the decision-making process.
The judgment refrained from delving into the merits of the case, focusing instead on procedural adherence and timely resolution. The court's directive underscores the legal framework's emphasis on thorough investigation and due process when dealing with allegations of citizenship fraud.
This ruling comes at a time when concerns over the integrity of the naturalization process are increasingly scrutinized, highlighting the judiciary's role in maintaining public trust in governmental procedures.
Bottom Line:
Citizenship Act, 1955 - Section 10 - Allegation of obtaining citizenship by fraud - Petition under Article 226 of the Constitution - Central Government directed to act in accordance with law and pass a reasoned order on the application within four weeks.
Statutory provision(s): Citizenship Act, 1955 Section 10, Citizenship Rules, 2009 Rules 25, 26, and 27, Constitution of India, 1950 Article 226
