Supreme Court asks Centre to seek instructions on Indian Citizenship of Pakistani national

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The Supreme Court on Monday asked the Central Government to respond to a plea filed by a Pakistan national detained in India seeking bail to apply for citizenship in India stating that Pakistan will not accept him.

A bench of Justice DY Chandrachud and Justice Surya Kant said since the Pakistan national has 5 children and all of them have citizenship of India, the Additional Solicitor General KM Nataraj may seek instructions over the issue.

However, ASG Nataraj stated that, "if Pakistan is not going to accept him, it is not binding on us, I'll have to seek instructions as the matter is listed for the first time."

The plea filed by Ana Parveen daughter of Mohd. Qamar through Advocate Srishti Agnihotri alleged that her father is lodged in the said Detention Centre for about 7 years as the Pakistan Authority has refused to acknowledge him as a Pakistani National.

In addition to this, it has been submitted that Qamar would apply for Indian citizenship in accordance with law and also make a representation to the respective authorities giving particulars of all the family members who would stand securities in case he is released from the Detention Centre.

The plea has stated that Qamar, "was born in India in the year 1959. He had gone with his mother from India to Pakistan as a child of around 7-8 years old in 1967-1968 on a Visa visit to meet his relatives. However, his mother died there, and he remained in Pakistan in care of his relatives. When he attained adulthood, he came to India on a Passport of Pakistan in around 1989-1990. Here he married one Shehnaaj Begum, an Indian citizen, in Meerut, Uttar Pradesh. Out of this wedlock, five children were born, including the petitioners," and are citizens of India.

Case Title: Ana Parveen & Anr. Vs. Union of India & Ors.