Madras High Court Upholds Citizenship by Birth, Orders Passport Issuance

Court Directs Passport Office to Issue Passport to Indian-born Petitioner Despite Adverse Police Report

In a significant ruling, the Madras High Court has upheld the principle of citizenship by birth as enshrined in the Citizenship Act, 1955. The Court directed the Regional Passport Office in Tiruchirappalli to issue a passport to Gokuleswaran, a petitioner born in India prior to the cutoff date of July 1, 1987. The decision comes despite adverse police reports concerning the nationality of the petitioner's parents, who are Sri Lankan nationals residing in a refugee camp.

The judgment was delivered by Justice P.T. Asha of the Madurai Bench, in response to a writ petition filed by Gokuleswaran, who was born on February 9, 1986, at the Government Hospital in Tiruchirappalli. The petitioner argued his entitlement to Indian citizenship by birth under Section 3(1)(a) of the Citizenship Act, 1955, and sought the issuance of a passport after his application faced objections from the Regional Passport Office.

The case arose after the petitioner applied for a passport on February 22, 2024, but received an objection letter citing an adverse police report labeling him a "Suspect in Sri Lankan." Despite submitting valid documents such as his birth certificate, Transfer Certificate, and Aadhaar Card, the passport office insisted on the adverse report's findings. It was argued that the petitioner's parents, having migrated from Sri Lanka in 1983, invalidated his claim to Indian citizenship.

However, the Court found that the petitioner's birth documents were verified and confirmed as genuine by the Tiruchirappalli City Municipal Corporation. Justice Asha emphasized that under the Citizenship Act, a person born in India between January 25, 1950, and July 1, 1987, is considered an Indian citizen by birth, regardless of parental nationality. The Court concluded that the adverse police report could not negate the statutory right of citizenship conferred upon the petitioner.

In light of these findings, the Court ordered the Regional Passport Officer to process and issue the passport within eight weeks, underscoring the importance of adhering to statutory provisions over police reports in citizenship matters.

Bottom Line:

Citizenship by Birth - A person born in India prior to 01.07.1987 is a citizen of India by birth under Section 3(1)(a) of the Citizenship Act, 1955, irrespective of the nationality of the parents.

Statutory provision(s): Citizenship Act, 1955, Section 3(1)(a)

Gokuleswaran v. Regional Passport Officer, Regional Passport Office, Tiruchirappalli, (Madras)(Madurai Bench) : Law Finder Doc Id # 2813416