Karattu Kammu v. Union of India
Case brief
What is this about?
The Court directed the Government of India to determine the petitioner's national status under the Citizenship Act, 1955 within four months. Pending such decision, the petitioner is directed not to be arrested or deported under the Foreigners Act.
What did the court decide?
Directed respondents not to arrest or deport petitioner and directed Government to decide application within four months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2016/28TH MAGHA, 1937
WP(C).No. 3784 of 2007 (A)
PETITIONER(S):
KARATTU KAMMU, S/O. RAYINKUTTY, KARATTU HOUSE, IRINGAYOOR P.O., CHERIYAMUNDAM VILLAGE, TIRUR TALUK, MALAPPURAM, KERALA.
BY ADV. SRI.A.MOHAMMED SAVAD.
RESPONDENT(S):
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI.
2. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
Issues for consideration
3 issues framed by the court
Whether the petitioner can be arrested or deported before the government decides on his application under Section 5 of the Citizenship Act, 1955.
Whether the Government of India is required to determine the petitioner's national status under Section 9(2) of the Citizenship Act, 1955.
Whether a direction to the respondents not to arrest and deport the petitioner pending government consideration is maintainable.
Parties & counsel
- petitioner
KARATTU KAMMU
- respondent
UNION OF INDIA
Coram
A. MUHAMED MUSTAQUE
Case details
As recorded by the court registry
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