Decide on citizenship of Pakistan-born man living in Mumbai since 3 months-old: Bombay HC to Centre

The directions were issued after the state informed the court that the central authorities were asking the petitioner to produce his foreign passport, which he never had as his name was added to his mother’s passport after he was born in Pakistan.

The Bombay high court has directed the central government and the ministry of external affairs to decide within three months on the application of Jogeshwari resident Asif Karadia,51, who was born in Pakistan but has been living in the city with his Indian parents since he was three months old.

File photo of Bombay high court (HT File Photo)

The directions were issued after the state informed the court that the central authorities were asking the petitioner to produce his foreign passport, which he never had as his name was added to his mother’s passport after he was born in Pakistan. While his mother became an Indian citizen after surrendering her Pakistani passport, change in his nationality did not happen as a result of which he is deemed a Pakistan citizen and has been asked to leave India.

A bench of justices BP Dharmadhikari and Sarang Kotwal while hearing the petition of Abbas Karadia, father of Asif, on December 20, was informed by senior advocate Dr Sujay Kantawala that despite a 2017 HC order to expedite the application for a long-term visa and application for citizenship of Asif, the Centre and state had not done anything. As a result, Asif’s entire family, including his wife and three children, who are Indian citizens, live in fear of Asif being forced to leave India.

Government pleader Poornima Kantharia, for the state, informed the court that the home and external affairs ministries had been updated Asif’s status that he was born in Pakistan and his name was added to the passport of his mother to enable her to bring him back to India to join her husband after delivery. The mother had surrendered her passport and in due course was granted Indian citizenship. However, Abbas had not deemed it necessary at the time to apply for citizenship. Kantharia further said that the two ministries had been informed of Asif’s inability to produce a foreign passport and hence their demand for the passport from Asif was unwarranted.

After hearing the submissions, the bench said, “We find that the issue has been pending since long and we therefore direct the home and external affairs ministries to keep in mind the above facts and take a suitable decision as per the law within three months.”