Kerala High Court Directs Union Government to Grant Citizenship to Pakistan-born Sisters

In a landmark decision, the Kerala High Court has instructed the Union government to grant Indian citizenship to two sisters born in Pakistan, without requiring a renunciation certificate from the Pakistani government.

Justice T. R. Ravi made this ruling based on a petition from Rasheeda Bano of Kannur, who sought citizenship for her daughters, Sumaira Maroof (21) and Mariam Maroof (24).

The petition noted that the sisters’ father, Mohammed Maroof, was born in Kottayam-Malabar village in Kannur and later moved to Pakistan with his grandmother in 1977.

He eventually obtained a Pakistani passport, married Rasheeda (his uncle’s daughter), and had two daughters in Pakistan.

In 2008, the family moved to India with permission from the Union government, which has been extended periodically.

Initially, the Union government rejected the citizenship application, citing the absence of a renunciation certificate from Pakistan.

However, the petitioners argued that the Pakistani Embassy would only issue such certificates after the age of 21, and since the sisters had already surrendered their Pakistani passports before turning 21, these certificates were not applicable. The court ruled that the requirement for a renunciation certificate should be treated as a rule of evidence rather than a substantive requirement. It noted that the sisters had surrendered their Pakistani passports and had no intention of returning to Pakistan.

The court also accepted the no-objection certificates issued by the Pakistan High Commission, considering them sufficient proof of the renunciation of Pakistani citizenship, and ordered the Union government to issue the necessary citizenship documents within three months.

Reference

https://keralakaumudi.com/en/news/mobile/news.php?id=1354341&u=thalassery-based-pak-born-sisters-to-get-indian-citizenship