Karnataka High Court Refuses To Hear Plea Challening Power Of Local Registrar Under Citizenship Rules To Declare 'Doubtful Citizen'

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar while dismissing the petition filed by one Faheem Ahmed said ,

"Having regard to the fact that the issue involved in the present petition is drawing the attention of the Apex Court and the decision of the Apex Court would determine the relief claimed in the Writ Petition. As such, there is no need for us to adjudicate the matter. The petition is accordingly dismissed."

The petition has sought to declare the power of Local Registrar to verify the data to test the citizenship and to call for the proof as provided under sub rule (3) and (4) of the Rule 4 of Citizenship (Registration of Citizen and issue of National Identity Cards) Rules 2003 as ultra vires.

Rule 3 of the Rules provide that the Registrar General of Citizen Registration shall establish and maintain the National Register of Indian Citizens. This shall be divided into sub-parts consisting of the State Register of Indian Citizens, the District Register of Indian Citizens, the Sub-district Register of Indian Citizens and the Local Register of Indian Citizens.

Rule 4(3) of the Rules provide that for the purposes of preparation and inclusion in the Local Register of Indian Citizens, the particulars collected of every family and individual in the Population Register shall be verified and scrutinized by the Local Registrar.

Assistant Solicitor General, Shanthi Bhushan H appearing for the respondent pointed to the court that a batch of petitions on the same point are being considered by the Supreme Court. Following which the court dismissed the petition. However, it clarified that, "It is needless to observe that the petitioner is at liberty to raise the issue after the decision of the Apex Court.

The Supreme Court is seized of a batch of petitions challenging the constitutional validity of the Citizenship (Amendment) Act, 2019 (CAA). The Petitions contended that the Act, which liberalizes and fast-tracks grant of citizenship to non-Muslim migrants from Pakistan, Bangladesh and Afghanistan, promotes religion-based discrimination.

As per the petitions, a purely religious classification, devoid of any determining principle, violates the fundamental constitutional value of secularism and Article 14 of the Constitution. The exclusion of Muslims from the Act amounts to unreasonable classification but also violates secularism, which is a basic structure of the Constitution.

The petitioners have highlighted that similarly situated persecuted groups such as Ahmadiyyas of Pakistan, Rohingyas of Myanmar, Tamils of Sri Lanka etc are not brought under the purview of the Act. This leads to unequal treatment of equals. The exclusion is purely linked to religion, and hence it is an impermissible classification under Article 14. The petitioners further state that associating citizenship with religious identity shakes the secular foundation of the Indian Republic.

Case Title: Faheem Ahmed V Union Of India

Case No: Writ Petition No.1030 Of 2020

Citation: 2022 Livelaw (Kar) 102

Date Of Order: 31st Day Of March, 2022

Appearance: Advocate Mohammed Tahir For Petitioner

Asg Shanthi Bhushan H For Respondents

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