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SC blow to migrant citizenship demand

SC blow to migrant citizenship demand

Author: R. Venkataraman
Publication: The Telegraph
Date: April 5, 2002

In a judgment affecting lakhs of Bangladeshi migrants and other foreign nationals staying in India, the Supreme Court has ruled that "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".

A division bench of Justices Doraiswamy Raju and Ashok Bhan upheld an order of Rajasthan High Court deporting a family back to Pakistan from where they had come to India in 1955 after migrating to Pakistan following Partition in 1947.

Bhanwaroo Khan and his family members had come to India in 1955 and continued to stay in Rajasthan. In 1984, they applied to the state government for registration as citizens of India. After police inquiry, the state home department refused to grant them citizenship and instead served deportation notices.

On appeal, the Rajasthan High Court dismissed their petition, saying a "case for interference with the order of deportation is not made out".

Upholding the high court decision, the Supreme Court in its judgment said: "We do not find any infirmity with the reasoning of the high court or the conclusion arrived at."

The case assumes significance in the light of another judgment by Delhi High Court relating to Bangladeshi migrants. The high court in 1999 had held that their (Bangladeshis) holding ration cards, electoral registration cards and the fact that they had voted in all the previous elections "does not mean that they are Indian citizens".

The case came up following the Delhi government's order of deportation and there is a case pending in the Supreme Court by the All India Lawyers Forum for Civil Rights demanding the deportation of Bangladeshi migrants. When the then Shiv Sena regime in Maharashtra started deporting the illegal aliens, Mamata Banerjee of the Trinamul Congress, an NDA ally, cried wolf and said West Bengal would give them asylum.

The then chief minister Jyoti Basu filed an affidavit in the Supreme Court saying it was "humanly not possible" to deport Bangladeshis as they had "mingled with the local population" and had obtained ration cards, voter identification cards and other proof of citizenship.

However, under chief minister Buddhadeb Bhattacharjee, the state government has filed an amended affidavit in the apex court detailing steps taken to deport the illegal migrants.

Similarly, the Assam government under chief minister Prafulla Kumar Mahanta wanted the Illegal Migrants (Determination by Tribunal) Act repealed, as it was difficult to prove a migrant was an alien. But under chief minister Tarun Gogoi, the state government has filed an amended affidavit contending that it was against repealing the Act and that a Cabinet decision to that effect had been already taken.

The Supreme Court, in the instant case, said the deportation order passed by the Union of India was "correct and in accordance with (the) law".

However, the apex court said if the appellants, Khan and his family members applied for fresh citizenship under Section 5 of the Citizenship Act, "it would be open to the authorities to proceed and decide the application in accordance with (the) law".

Applying for citizenship, as several Indians go abroad and apply, is governed by laws such as the Citizenship Act.
 


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