BHANWAROO KHAN AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2002] 2 S.C.R. 872 · Decided: 02-04-2002 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Dismissed

Judgment (excerpt)

A 
...... 
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BHANWAROO KHAN AND ORS. 
v. 
UNION OF INDIA AND ORS. 
B 
APRIL 2, 2002 
[DORAISWAMY RAW AND ASHOK BHAN, JJ.] 
. 
~ 
Citizenship Act, 1955/Citizenship Rules, 1956-Section 9(2)/Rule 3 of 
~ 
c 
Schedule 111-National status of persons holding passport of another country-
Determination of-Passport acquired voluntarily-1/legal stay in India for a 
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long period-National status determined by Authorities to be alien-Held, 
the determination factually correct and in accordance with /aw-Long stay in 
the country and enrolment in the voter's list would not confer any right to 
an alien to continue to stay in the country-Hence, person liable to be deported 
D 
Appellants, had migrated to Pakistan after partition of the country. They 
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obtained passport from the Government of Pakistan after declaring 
.., 
themselves to be citizen of Pakistan. They came to India in 1955 and got 
themselves registered with the concerned authorities as per rules. On expiry 
of the visa they reported to the concerned authorities about their departure 
E to Pakistan, but instead of returning, they illegally stayed in India going 
underground without getting the visa extended. In 1984, they applied for 
registration as a citizen of India. After detailed enquiry notice was served on 
them; 
,.i_ 
F 
They filed writ petition before High Court claiming to be Indian citizens. 
The writ petition was dismissed and the appeal against the same before 
Division Bench of the High Court was also dismissed. 
In appeal to this Court, this Court directed the Union of India to hear 
the appellant's application. Accordingly Union of India heard and rejected 
the same by its order u/s. 9(2) of Citizenship Act, 1955. It determined their 
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G national status to be Pakistani relying on Rule 3 of Schedule m of Citizenship 
Rules, 1956, holding therein that they had voluntarily obtained Pakistani 
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passport. 
... 
Appellants filed writ petition in this Court against the order u/s 9(2) of 
H 
872 
BHANWAROO KHAN v. U.O.l. 
873 
the Act. Respondents contended that appellants' voluntary migration to A 
Pakistan and their voluntarily obtaining of the passport, raises conclusive 
presumption that they were citizens of Pakistan, and a passport obtained by 
a person from a foreign country is relevant in an enquiry as to citizenship of 
the person holding the passport, and that after being detected they were liable 
to be deported to Pakistan. 
B 
Dismissing the petition and appeal, the Court 
HELD: 1. There is no infirmity in the order determining the national 
status of the appeUants under Section 9(2) of the Citizenship Act. Before the 
Court as well, the appellants failed to prove by any evidence whatsoever that C 
they had not voluntarily migrated to Pakistan and had obtained the Pakistani 
passports under compelling circumstances. Rather their conduct after coming 
to India also shows that they had voluntarily migrated to Pakistan and 
obtained the passports from the Government of Pakistan after declaring 
themselves to be citizens of Pakistan. Had the intention of the appellants been 
that they had not acquired the citizenship of Pakistan and the passport from D 
that i:ountry voluntarily then they would not have declared their intentfon of 
returning to Pakistan on the expiry of the visa period. Further, they would 
not have gone underground. Efforts would have been made by them way back 
in the year 1955, to acquire the citizenship of India afresh. The order passed 
by the Union of India is factuall~ correct and in accordance with law. 
E 
[878-H; 879-A-C-D) 
2. A case fof interference with the order of deportation is not made. 
Long stay in the country and enrolment in the voters' list would not confer 
any right to an alien to continue to stay in the country. There is no infirmity 
either with the conclusion arrived at by the High Court or even by the F 
Government oflndia in its order passed under Section 9(2) of the Citizenship 
Act, 1955. [879-E) 
Izhar Ahmad khan and Ors. v. Union of India and Ors., AIR (1962) SC 
1052, referred to. 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 737 of G 
1995. 
(Under Article 32 of the Constitution of India.) 
WITH 
C.A. No. !0224 of 1995. 
H 
874 
SUPREME COURT REPORTS 
[2002] 2 S.C.R. 
A 
Sushi! Kumar Jain and A.P. Dhamija for the petitioners/Appellants. 
Rekha Pandey and Ms. Sandhya Goswami for the Respoqdents. 
The Judgment of the Court was delivered by 
B 
BH,~N, J. This judgment shall dispose o

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