Disposed

Mafeeda v. the Union of India

Kerala HC6 Apr 2009WP(C)/6489/2009

Case brief

AI extract

What is this about?

Petitioner challenged threat of arrest and deportation while adjudication of nationality under Section 9(2) of the Citizenship Act was pending. Court directed State to expedite reports and final decision within three months. Petitioner protected from arrest under Foreigner's Act if appearing weekly.

What did the court decide?

Directed 2nd respondent to forward report within six weeks. Directed 1st respondent to pass final order within three months. Directed non-arrest/deportation under Foreigner's Act conditioned upon week

Mafeeda Vs the Union of India — Constitutional and Fundamental Rights | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

¶4

MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931

¶5

WP(C).No. 6489 of 2009(E)

PETITIONER(S):

MAFEEDA, AGED 23 YEARS D/O.MOHAMMED, MOHAMMED MANZIL, KATHIRURUR, POST KATHIRUR, KANNUR DISTRICT, KERALA STATE.

¶10

BY ADV. SRI.S.ABDUL SALAM SMT.E.K.SAJNA

¶11

RESPONDENT(S):

¶12

¶13

THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS, GOVT.OF INDIA,NEW DELHI.

¶14

THE SUPERINTENDENT OF POLICE KANNUR DISTRICT.

¶15

THE SUB INSPECTOR OF POLICE, KATHIRURU.

¶16

BY GOVT. PLEADER SRI P.N. SANTHOSH

¶17

BY ASG SRI. P. PARAMESWARAN NAIR

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

ANTONY DOMINIC,J.

¶20

W.P.(C).No.6489 OF 2009

¶21

Dated this the 6^th day of April, 2009.

¶22

JUDGMENT

¶23

According to the petitioner, she was born in India on 13.4.1985 and thereafter she went to Karachi and stayed there. It is stated that she had no intention to became a Pakistan citizen and she came back to India on 4.12.2008. It is stated that there upon she filed an application under Section 9(2)of the Citizenship Act for adjudication of the dispute on the issue of nationality. During its pendency she was threated with arrest and deportation and it is in these circumstances the writ petition is filed.

¶24

When the matter came up for admission on 20^th March, 2009, the respondents were directed to get instructions in the matter. They are also directed not to arrest or deport the petitioner.

¶25

Today when the matter came up for orders, the standing counsel appearing for the first respondent

¶26

WP(c).No.6489/09

¶27

¶28

submits that Ext.P3 petition filed by the petitioner under Section 9(2) of the Act was received by the first respondent on 27.2.2009. It is stated that there upon they have sent the application for obtaining the report of the State Government and the Security Agencies. It is stated that on receipt of the report as above, the final order on Ext.P3 will be passed.

¶29

Taking into account the above, I dispose of this writ petition with the following directions.

¶30

It is directed that the 2^nd respondent shall within six weeks forward his report to the first respondent. It is directed that on its receipt, within 3 months thereafter the first respondent shall take a final decision on Ext.P3. It is directed that in the meanwhile the petitioner shall not be arrested or deported under the Foreigner's Act and the Rules framed therein, subject to the condition that the Petitioner shall appear before the 3^rd respondent once in a week.

¶31

Petitioner shall produce a copy of the judgment before

¶32

the 3^rd respondent for compliance.

¶33

(ANTONY DOMINIC) JUDGE

¶34

¶35

WP(c).No.6489/09 3

¶36

WP(c).No.6489/09 4

Mafeeda v. the Union of India

Case brief

What is this about?

What did the court decide?

Mafeeda v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Mohammedkutty Vs Radhakrishnan.C.

Chacko Vs State of Kerala & Others

Mohammed Kunju Vs Shahul Hameed

K.K.Kunjikrishnan Vs Government of India

Kadavayil Muslim Jama-Ath Vs the Kerala Wakf Board and Another

A.C.Korath Vs the Managing Director