HYDERABAD: In a temperory relief to TRS MLA Chennamaneni Ramesh from Vemulawada constituency in Sircilla Rajanna district, the High Court on Monday while keeping the impugned order of the Centre in abeyance, directed the Union ministry of home affairs to take a decision within six weeks on the MLA’s review application, challenging the order of cancellation of his Indian citizenship. Justice Challa Kodandaram was disposing of the writ petition filed by Ramesh seeking suspension of the order of the Union home ministry issued on August 31, 2017.
The joint secretary to the ministry of Union ministry of home affairs, in his order, stated that Ramesh had obtained the certificate of Indian citizenship by playing fraud upon the government and concealing crucial material facts of his visits abroad in the last 12 months immediately preceding his application for Indian citizenship, and held him guilty of suppression of facts. In exercise of the powers vested under Section 10(1) of the Citizenship Act, 1955, he declared that Ramesh ceased to be a citizen of India with effect from the date of issue of that order. Consequently, all benefits/privileges being enjoyed by him as citizen of India shall stand withdrawn forthwith, the order said. Aggrieved by the order, he moved the High Court for relief.
Petitioner’s counsel Y Rama Rao submitted that the petitioner, after receiving the order on September 5, immediately filed a review application before the ministry. Indian citizenship can be cancelled only in cases of anti-national activity, he said and contended that the way in which the final order was passed cancelling his Indian citizenship was arbitrary. In fact, relevant material was not taken into consideration and no notice was issued before passing the final order, he said and urged the court to suspend the impugned order till his review application was heard and disposed of.
On the other hand, assistant solicitor-general Laxman submitted that the Centre had taken the decision in accordance with the procedure. In fact, the petitioner had obtained the citizenship by playing fraud on the government and suppressed crucial material, he said. Meanwhile, counsel for Adi Srinivas, who unsuccessfully contested against Ramesh in last election, told court that MLA had got Indian citizenship by suppressing facts of his stay in India. In fact, he had stayed only for 96 days out of the 365 days in the country prior to obtaining citizenship, he noted. After hearing both the sides, the judge said that since the review petition was pending before the Union home ministry, it would be appropriate that it shall be heard first and decided.
The judge granted six weeks’ time to the ministry to take a decision on the review application of the petitioner. While disposing of the petition, he made it clear that the impugned order would be kept in abeyance till decision was taken on the review application.