MADURAI: Holding that an adverse police verification report cannot override the statutory right conferred by Section 3(1) (a) of the Citizenship Act, 1955, the Madurai Bench of Madras HC recently ordered the issuance of an Indian passport to a man from the Sri Lankan Tamils Rehabilitation Camp at Kottapattu in Tiruchy.
Section 3(1) (a) of the Citizenship Act, 1955, states that any person born in India between January 25, 1950, and July 1, 1987, is a citizen of India by birth, irrespective of the nationality of the parents. Justice PT Asha passed the order on a plea filed by R Gokuleswaran seeking direction to the Tiruchy Regional Passport Office to issue him a passport by processing his application dated February 22, 2024.
Gokuleswaran was born on February 9, 1986, to Sri Lankan parents, who had come to India during the civil war and had been living in the rehabilitation camp in Tiruchy. Since he was born in India before the cutoff date prescribed in the above Act, he had applied for a passport. However, authorities rejected his application letter, informing him that the police had filed an adverse report saying, ‘Suspect is Sri Lankan.’ Though he provided an explanation along with supporting documents, sending several reminders to process his application, he was not issued a passport, prompting him to approach the HC.
The authorities contended that Gokulesaran did not furnish sufficient documents to prove his Indian citizenship by birth. Police also continued to claim that the petitioner’s parents are of Sri Lankan nationality, and therefore, the petitioner is ineligible for an Indian passport.
However, the judge opined, “Since the petitioner was born on February 9, 1986 (prior to the cut-off date), he is an Indian citizen by birth. Once citizenship by birth is established and the genuineness of the documents is verified, the adverse police report referring to his parents’ nationality cannot override the statutory right conferred by Section 3(1)(a). Accordingly, the petitioner is entitled to be issued a passport.”
She directed the authorities to issue a passport to Gokuleswaran within two months.