Calcutta High Court refuses to interfere in a citizenship dispute of a Hindu man who was earlier a Muslim

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The Calcutta High Court has refused to interfere in a citizenship dispute of a Hindu man who was earlier a Muslim. 

Justice Rajasekhar Mantha was hearing a plea by Tushar Subash Roy who contend that the Unique Identification Authority of India (UIDAI) has issued a show cause notice to him. His Aadhar Card would be de activated if he does not produce an appropriate judgement or decision with regard to residence in India or his citizenship.

He was apprehended at Border Check post in one of his regular visits to Bangladesh for discrepancies in documents. An FIR along with a chargesheet has been filed against him under Sections 417/419/465/467/468/471 of the IPC and Section 14 of the Foreigners Act. Roy’s passport has been revoked by the Regional Passport Office, Mumbai. 

Roy claims to have been born in Calcutta in the year 1982. His birth certificate was issued in the year 1994 by the Kolkata Municipal Corporation. The petitioner had changed his religion and name and got married. Roy submitted that he was granted bail in a criminal case, which order of bail itself will clearly indicate that he was born in Calcutta.

Justice Mantha however refused to interfere in the matter noting that there is a finding by an authority constituted statute of discrepancies in Roy’s passport based on which it has been revoked and that there is also charge sheet filed.

"In the above circumstances, the petitioner is not entitled to any relief under Article 226 of the Constitution of India with regard to his Aadhar Card or its proposed de activation," the Court said. 

Zia Sharif Hussain @ Tushar Subash Roy -V- Union of India and others