MADURAI: The Union Ministry of External Affairs, in an appeal filed before the Madurai Bench of Madras High Court, has contended that a single judge of the court was wrong in considering plea for citizenship to 65 Sri Lankan refugees without noting that the claim of citizenship by illegal migrants is not only unjustified but also specifically barred under the provisions of the Citizenship Act, 1955.
The ministry was challenging an order by the single judge directing the ministry to consider granting citizenship to the 65 persons on humanitarian grounds. The order was passed two years ago, in a joint petition filed by the 65 persons in 2009. Since the order was not complied with, the petitioners have moved a contempt petition, which has prompted the Central government to file the appeal.
The ministry also argued that the single judge failed to note that there are around 60,000 Sri Lankan Tamil refugees in 107 camps in Tamil Nadu who are on an equal footing as the petitioners. Hence, issuing citizenship to the petitioners would most likely open floodgates to illegal migrants from Bangladesh, Afghanistan, Myanmar (Rohingyas), Africa and Central Asian countries, the ministry added.
Moreover, the single judge should not have held that the sovereign authority has implied power to relax the bar imposed under Section 5(1) of the Citizenship Act, the ministry further pointed out. And the judge should not have mentioned the illegal migrant status of the petitioners as ‘technical status’ when it is actually a ‘statutory status’ as defined by the Act, it added.
A Bench comprising Chief Justice Sanjib Banerjee and Justice TS Sivagnanam, on Thursday, opined that the appeal needs to be heard and adjourned the matter to August 23, adding that the hearing in the contempt petition should be “slow” to enable the appeal hearing.