Citizenship Exclusive Domain Of Centre, Civil Court Has No Jurisdiction To Decide Question Of Renunciation

Case: Akil Valibhai Piplodwala V/S Central Government

Coram: Justice Nisha Thakore

Case No.: C/SA/435/2022

Court Observation: The second question which is required to be looked into is whether he acquired the citizenship of another country or not, or can be said to have renounced Indian citizenship on issuance of passport of another country. There is no iota of doubt that as per Sub-section (2) of Section 9 of the Citizenship Act, 1955, read with section 40 along with schedule III of the Citizenship Rules, 2009, the said question can exclusively be tried by the Central Government.

“In the opinion of this Court, the appellate court has not committed error or has misdirected itself by relying upon such documents which are otherwise proved as per provisions of the Evidence Act. In such circumstances, the burden has rightly been shifted upon the appellant to prove that he is not the citizen of Pakistan and having failed to lead any evidence contrary, the appellate court has rightly held so. ”

“Any order rendering with issue falling under the domain of the Citizenship Act shall in no uncertain terms can be said to be usurpation of jurisdiction of authority under the Citizenship Act.”

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Keywords

Citizenship Exclusive Domain, No Jurisdiction To Decide