Mohd. Reza Debestani v. State of Bombay

Article
Provision Case laws
In the case of Mohd. Reza Debestani v. State of

It says that certain conditions are to be fulfilled Bombay, it was seen that the appellant’s request
to be a citizen of India for citizenship of India was rejected. The appellant
 The person should have taken birth in had come to India with his uncle and after several
the Indian territory. years of stay, he went to Iraq on pilgrimage. Then
Article
he was permitted to stay in India for years with
5  In case either of the parents has taken repeated extension. But then he was denied and
birth in the Indian territory. thus he pleaded. Then he returned to Iraq a got
 If a person has been staying for more employed, this fact was enough to satisfy that he
than five years in the territory of India. can’t be granted citizenship of India according to
the provisions made.
When a citizen of Pakistan has migrated to the

territory of India, would be entitled to a right of
citizenship under these conditions
In the case of Kulathil Mammu v. State of Kerela,
 If the person’s parents or grandparents
Article the term “migrated” in this section was defined. It
were born in India, according to the
6 was held that the term means voluntary and
Government of India Act,1935
permanently leaving from India to Pakistan.
 If a person has migrated and is ordinarily
residing in India before the nineteenth
day of July 1948
In the case of State of Bihar v Kumar Amar Singh,

the wife left her husband and went to Karachi.
If a person has migrated to the territories of
According to her statement, she went to Karachi
Pakistan after the first day of March 1947, shall
temporarily for treatment. Then she returned back
not be considered as a citizen of India.
to India and was permitted to stay as she stated
Article Exception that she was Pakistan domicile. Then after the
7 expiry of the period, she returned back to Pakistan.
 A person who has migrated to the
Then she wanted to get the permanent citizenship
Pakistan territory and then returns back
of India, when her property in India was to be taken
with the permission from the requisite
under custody.it was held that as she had migrated
authority.
before the date stated in the provision, she won’t
be given permanent citizenship.
If a person is residing in a different country but

either of the parents or grandparents have taken
Article birth in the Indian territory and if the person is

8 registered as a citizen of India by the diplomatic
or consular representative of India, shall be
considered as a citizen of India.
Article If a person has voluntarily adopted the In the case of State of U.P. v. Rehmatullah, it was
9 citizenship of any Foreign State, then we won’t held that the Central Government is authorised to
be considered as a citizen of India. take action against people who have acquired the
foreign citizenship and have lost the citizenship of
India, but they are still residing in the country.
In the case of Ebrahim Vazir Mavat v State of

Bombay,, the constitutional validity of the Influx
from Pakistan Control Act,1949 was put forward.
This act provided that when a person has the
domicile of either India or Pakistan, can’t enter the
premises of the above stated countries without
When a person is considered as a citizen of India permission. And if any person goes against the rule
Article under the provisions provided, the person would then he would be convicted of the offence
10 continue to be a citizen if also new provisions are mentioned in the act. According to Section 7, a
made by the Parliament. person can be denied citizenship by the Central
Government under certain grounds.
It was held that removing a citizen from the country

under Section 7 of the Constitution of India would
amount to a deprivation of the right of citizenship
as mentioned in Part II of the constitution.
It states that nothing can prohibit the

Article Parliament’s power to make any provision on

11 termination or acquisition of citizenship and all
other subjects related to citizenship.

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Mohd. Reza Debestani v. State of Bombay

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Article

Provision Case laws

In the case of Mohd. Reza Debestani v. State of

When a citizen of Pakistan has migrated to the

In the case of State of Bihar v Kumar Amar Singh,

If a person is residing in a different country but

In the case of Ebrahim Vazir Mavat v State of

It was held that removing a citizen from the country

It states that nothing can prohibit the

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