MUMBAI: Six months after the Bombay high court directed the government to consider a citizenship plea by a Pakistan born man residing for 50 years in the city, the Mumbai collector administered him an oath of allegiance. The oath is the first official step towards grant of citizenship.
The court, granting
Asif Karadia (53) protection against deportation in January, had observed after hearing his lawyer
Sujay Kantawala and government pleader
Purnima Kantharia that it was a “unique case.” Karadia returned to India as an infant after being born in Pakistan.
His father, Abbas Karadia, is an Indian citizen. He had got married in 1962 in
Gujarat to a woman who had a Pakistani passport, which said she was born in Mumbai. The HC observed that “though conceived in India, as per customs, his (Asif ’s) mother went to her parents’ place in
Karachi where he was born on April 19, 1965.” The mother and child came to India in 1967 and have resided here since.
Asif has been residing on long-term visas. He lives in
Nagpada with his family.
The father had filed the petition jointly to seek Indian citizenship for his son after a deportation scare. Asif applied for citizenship in March 2015. Their case was that under Section 5 of the Citizenship Act, Asif was eligible to be granted Indian citizenship. Besides, Article 5 of the Indian Constitution allows a person, “either of whose parents was born in the territory of India”, to become a citizen.
Asif ’s name was stamped on his mother’s Pakistani passport after his birth in Karachi. However, in 1972, the Indian government granted citizenship to his mother after she surrendered her Pakistani passport. Asif married an Indian woman and has three children, who are Indian citizens.
Will go through process, says dad of Pak-born man
Under the Citizenship Act, Asif pleaded he was entitled to citizenship by descent, registration and naturalization. Finally, the Mumbai city collector on May 25 sent Asif a letter asking him to come and take oath of allegiance on May 31. He did. The oath is to “solemnly affirm in the name of God” that he would “bear true faith and allegiance to the Constitution of India… and will faithfully observe the law of India” and “fulfil my duties as citizen of India”. The Maharashtra home department had in its affidavit to the HC stated that after the home ministry had regularized his stay in India for almost five decades, he would be required to follow the process for grant of citizenship. His father has said Asif will go through the process as per law.
His matter is scheduled to come up for hearing next on June 13 before the high court. The number may not be unlucky for him.
53-year-old Asif Karadia (left) arrived in India in 1967