After Living In India For Over 50 Yrs, Karachi-born Man Set To Get Indian Citizenship; MHA Tells Bombay HC

In a major relief to Asif Karadia, a 51-year-old resident of Jogeshwari, the Ministry of Home Affairs (MHA) has decided to issue a certificate granting him citizenship within the next 10 days. Karadia has been living in Mumbai ever since his mother brought him back to India after delivering him in Karachi at her parent's house. However, Asif did not have an Indian passport till now and was living in the fear of being deported.

Counsel for the Union of India, Deepak Thakore informed the bench of Justice AS Oka and Justice MS Sanklecha that the Directorate of Citizenship, Union Ministry of Home Affairs, has decided to issue a certificate granting citizenship to Karadia within 10 days.

How did MHA decide?

Earlier, the court had asked MHA to expedite Asif's application for citizenship and long-term visa but they asked him to produce a Pakistani passport which he did not possess. Thus, the application was not heard.

Then, Abbas Karadia (Asif's father), who is an Indian citizen, filed a petition seeking relief for his son who has been working at a local restaurant and paying his taxes. He contended that his son was living in fear that he would be deported along with his family.

On December 20, 2018, the matter came up before the bench of Justice BP Dharmadhikari and Justice SV Kotwal. The bench noted-

"The formal citizenship of India was not sought by the petitioner no.2 as it was not felt necessary. When he decided to proceed for Haj Pilgrimage, occasion therefore arose. Today we are told that the respondent no. 6 who is looking into the matter has made some query about passport of petitioner no.2. Learned Government Pleader points out that the State Government has placed correct picture before respondent nos. 6 and 7 indicating that demand of such foreign passport from petitioner no.2 is unwarranted. We find that the issue is pending since long and we, therefore, direct respondent no. 6 and 7 to keep in mind the above facts and take a suitable decision as per law within three months."

As is reflected in the order, Government Pleader Poornima Kantharia appeared on behalf of the State and said that the demand of such passport from Asif was unwarranted.

In the hearing before Justice Oka on March 18, the court noted that according to the December 2018 order, the Centre and the MHA had three months' time to take a decision on Asif's application. The three-month time would have expired on March 19. Thus, the court noted-

"We make it clear that, if compliance with order dated 20th December 2018 is not made by the 6th and 7th Respondents within the stipulated time, action under the Contempt of Court Act, 1971 will be issued against the said Respondents."

Finally, the MHA told the bench on Monday that Asif would be granted citizenship.