Abhishek Bahadur Chhetri V. The Union of India and The Passport Officer, Regional Passport Office, Trivandrum and Union of India represented by its Secretary, Ministry of Home Affairs

WP(C)/34438/2023

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The case revolves around Abhishek Bahadur Chhetri, a 22-year-old Indian citizen, who applied for a passport to pursue higher studies abroad. His application was initially accepted but later rejected based on a police report questioning his citizenship, citing that his parents are natives of Nepal. The petitioner provided various documents, including birth certificates and Aadhaar cards, to substantiate his claim of Indian citizenship. However, the respondents argued that the documents submitted were insufficient to prove the citizenship of the petitioner's parents, particularly lacking birth certificates to confirm their birth in India before the cutoff date of 01.07.1987. The court, after reviewing the submissions, concluded that the petitioner did not meet the burden of proof required to establish his citizenship, thus denying the writ of mandamus for passport issuance.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 814841 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 29-07-2024
• Assessment Year: misc
• Laws Referred To: Citizenship Act, 1955
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: T C KRISHNA
• Assessee Lawyers: B N HASKAR; B K GOPALAKRISHNAN
• Keywords: Aadhaar Card; Birth certificate; Indian Citizenship; Passport Application; Voter ID; Citizenship Act
• Section: 3(b); 3(a)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946 WP(C) NO. 34438 OF 2023 PETITIONER: ABHISHEK BAHADUR CHHETRI, AGED 22 YEARS, S/O. BAHADOOR, KESAVA MANDIRAM, PRASANTHI NAGAR 19, MANGAD P. O., KOLLAM, KERALA, INDIA, PIN – 691015. BY ADVS. SRI. B. N. HASKAR SRI. B. K. GOPALAKRISHNAN RESPONDENTS: 1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, 74 B SOUTH BLOCK, NEW DELHI, PIN – 110011. 2 THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, TRIVANDRUM, SNSM BUILDING, KARALKADA JUNCTION, PETTAH P. O., TRIVANDRUM, KERALA, PIN – 695024. 3 ADDL. R3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, DELHI - 110001 (IMPLEADED AS PER ORDER DATED 28.11.2023 IN I. A.2/23). BY ADV. SRI. T. C. KRISHNA – DSG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34438 OF 2023 2 DINESH KUMAR SINGH, J. -------------------------- W.P.(C) No. 34438 of 2023 ------------------------- Dated this the 29th day of July, 2024 JUDGMENT 1. Heard Mr. B. K. Gopalakrishnan, the learned Counsel for the petitioner and Ms. Bea for the respondents. 2. The petitioner claims to be an Indian citizen. It is also the claim of the petitioner that, he was born on 05.09.2001 at Government Victoria Hospital, Kollam. In support of his claim, the petitioner has annexed birth certificate in Exhibit P-1. 3. The second claim made by the petitioner is that petitioner's parents were also born in India in the year 1975 and 1978 respectively. Petitioner's parents have obtained Aadhaar cards in Exhibits P-2 and P-3. Petitioner’s parents’ date of birth is said to be 04.04.1975 and 19.06.1978 respectively and thus, as per Section 3(a) of the Citizenship Act, 1955, the petitioner’s parents had become Indian citizens as they were born in India before 01.07.1987. 4. The third claim of citizenship is based on the Voter ID Cards of petitioner's parents’ in Exhibits P-4 and P-5. The petitioner had completed school education at Infant Jesus Anglo Indian School, Kollam and pass certificate issued from Council for Indian School WP(C) NO. 34438 OF 2023 3 Certificate Examinations, New Delhi for Class X. The petitioner had completed his XIIth grade from the same School and pass certificate was issued to him. 5. The petitioner is planning to go to abroad for his higher studies for which he had applied for passport from the 2nd respondent on 13.06.2023. However, on the basis of the Police report, the petitioner was informed that he was not an Indian citizen as his parents are natives of Nepal and directed the petitioner to submit documents for proving his parents’ nationality. 6. The petitioner has filed this writ petition for a writ of mandamus commanding the 2nd respondent to issue the passport to the petitioner. 7. A statement has been filed on behalf of the respondents. In paragraph No. 3 of the said statement it has been said that, to substantiate the claim of the petitioner that his parents were born in India prior to 01.07.1987, petitioner needs to furnish documents in proof of the same, specifically the birth certificate of the parents to prove their place of birth and date of birth. Petitioner has submitted the Aadhaar Card, Voter ID and PAN Card. However, these documents do not prove the citizenship of his parents having been born in India prior to 01.07.1987. No such certificate to substantiate WP(C) NO. 34438 OF 2023 4 that the petitioner’s parents were born in India prior to 01.07.1987 has been furnished to say that the parents of the petitioner had acquired Indian citizenship by birth and they are not illegal migrants. It is further submitted that, as per Section 3(b) of the Citizenship Act, 1955, every person born in India on or after 01.07.1987, and before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth shall attain Indian citizenship by birth. The petitioner would attain Indian citizenship only if either of his parents is a citizen of India at the time of his birth. 8. Considering the aforesaid stand that, except for the Aadhaar Cards Voter IDs and PAN Cards of his parents, there is no other documents such as the birth certificate etc. to prove the petitioner’s parents’ birth in India before 01.07.0987, this Court cannot direct the 2nd respondent to issue the petitioner passport as the petitioner’s claim to be Indian citizen is yet to be established. The passport can be issued only to an Indian citizen and, therefore, it is for the petitioner to prove conclusively that he is an Indian citizen. The claim of the petitioner for Indian citizenship is on the stand that his parents were born in India prior to 01.07.1987 and, therefore, he has acquired his citizenship in India as his birth has taken place in India. WP(C) NO. 34438 OF 2023 5 9. To prove this claim, the petitioner required to submit the requisite documents which he has not submitted. Therefore, this Court would not like to issue a mandamus to the 2nd respondent to issue passport to the petitioner. However, if the petitioner proves his claim regarding citizenship, the passport authority shall proceed to examine his case for issuance of passport expeditiously. With the above observations and directions, the present writ petition is hereby disposed of. Sd/- DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 34438 OF 2023 6 APPENDIX OF WP(C) 34438/2023 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE PETITIONER BEARING NO. B0060168- 001196602 DATED 15-09-2001 ISSUED BY KOLLAM CORPORATION EXHIBIT P2 A TRUE PHOTOCOPY OF THE AADHAAR CARD OF THE PETITIONER'S FATHER EXHIBIT P3 A TRUE PHOTOCOPY OF THE AADHAAR CARD PETITIONER'S MOTHER FROM UNIQUE IDENTIFICATION AUTHORITY OF INDIA/GOVERNMENT OF INDIA EXHIBIT P4 A TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE FATHER OF THE PETITIONER DATED 18/08/2011 ISSUED BY ELECTION COMMISSION OF INDIA EXHIBIT P5 A TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE MOTHER OF THE PETITIONER DATED 06/05/2002 ISSUED BY ELECTION COMMISSION OF INDIA EXHIBIT P6 A TRUE PHOTOCOPY OF THE VEHICLE REGISTRATION OF THE FATHER OF THE PETITIONER DATED 02-12- 2016 ISSUED BY GOVERNMENT OF KERALA EXHIBIT P7 A TRUE PHOTOCOPY OF THE SCHOOL CERTIFICATE DATED 29-05-2017 OF THE PETITIONER ISSUED BY COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, NEW DELHI EXHIBIT P8 A TRUE PHOTOCOPY OF THE SCHOOL CERTIFICATE OF THE PETITIONER DATED 29-05-2017 ISSUED BY COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, NEW DELHI EXHIBIT P9 A TRUE PHOTOCOPY OF THE MARK SHEET OF THE PETITIONER DATED 02-06-2023 ISSUED FROM FATHIMA MATA NATIONAL COLLEGE, KOLLAM EXHIBIT P10 A TRUE PHOTOCOPY OF THE PASSPORT APPLICATION BY THE PETITIONER TO THE 1ST RESPONDENT DATED 13-06-2023 AS PER THE EXT P10 (A) RECEIPT WP(C) NO. 34438 OF 2023 7 EXHIBIT P10(A) A TRUE PHOTOCOPY OF THE RECEIPT DATED 13-06- 2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P11 A TRUE PHOTOCOPY OF THE LETTER DATED 22-06- 2023 ISSUED BY THE 2NDRESPONDENT TO THE PETITIONER EXHIBIT P12 A TRUE PHOTOCOPY OF THE MOTOR CAR BEARING REGISTRATION NO. KL29P6371, ISSUED BY GOVERNMENT OF KERALA, REGISTERED AT KOLLAM ROAD TRANSPORT OFFICE DATED 06-09-2021 TO THE PETITIONER EXHIBIT P13 A TRUE PHOTOCOPY OF THE PERMANENT ACCOUNT NUMBER (PAN) ASYPC1247P CARD ISSUED BY THE INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA IN THE NAME OF THE FATHER OF THE PETITIONER EXHIBIT P14 A TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE MOTOR VEHICLE DEPARTMENT, STATE OF KERALA VIDE LICENCE NUMBER KL0220030010098 OF THE FATHER OF THE PETITIONER EXHIBIT P15 A TRUE PHOTOCOPY OF THE AADHAAR CARD ISSUED BY THE GOVT. OF INDIA TO ADARSH BAHADUR CHHATRI WHO IS THE BROTHER OF THE PETITIONER EXHIBIT P16 A TRUE PHOTOCOPY OF THE PASSPORT ISSUED BY THE PASSPORT AUTHORITY OF INDIA TO ADARSH BAHADUR CHHATRI EXHIBIT P17 A TRUE PHOTOCOPY OF THE AADHAAR CARD OF PETITIONER'S ELDER SISTER MISS. ASHWINI BAHADUR CHHATRI ISSUED BY THE GOVT OF INDIA EXHIBIT P18 A TRUE PHOTOCOPY OF THE PASSPORT ISSUED BY THE PASSPORT AUTHORITY OF INDIA TO MISS. ASHWINI BAHADUR CHHATRI EXHIBIT P19 A TRUE PHOTOCOPY OF THE RATION CARD ISSUED BY THE TALUK SUPPLY OFFICER VIDE NO. 1207065177 TO THE PETITIONER'S FAMILY "