Refusal to grant citizenship by naturalisation does not render a person stateless, the Delhi High Court remarked while upholding the government’s decision to reject a citizenship plea of a German national, who allegedly was involved in drugs trade.
Justice Vibhu Bakhru said the Centre denied Stadtmueller Gabriele Indian citizenship as it was not satisfied that she qualifies the ‘good character requirement’.
“The merits of such decision cannot be questioned in these proceedings unless it is established that the same is capricious, mala fide or whimsical,” the Bench said.
Ms. Gabriele had claimed that she first visited India in 1983 with the prospect of sourcing Indian handicrafts, gems and jewellery but got involved in spiritual development.
She claimed that in 1996, she purchased a house in Goa with due permission of the Reserve Bank of India and has been residing there since then.
‘Accused of drug offence’
However, the Goa government did not recommend her for grant of citizenship by naturalisation on the ground that she was accused of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
She was caught with 8.4 kg of hashish in her checked-in baggage while boarding a flight from Mumbai to Zurich in March 2007.
The court, however, acquitted her as it could not be established that she had placed the said substance in her suitcase or was aware of the same.
The Centre rejected her plea for a citizenship on the ground that though she was acquitted, she had got benefit of the failure on the part of prosecution to prove their case.
On her contention that she would be rendered Stateless, the High Court replied that her argument was meritless.
“Admittedly, the petitioner is a German national. Her parents are also German citizens. She may have spent a considerable time in India, but a refusal to grant her citizenship by naturalisation does not render her Stateless,” the judge noted.
“No foreigner has a right to be granted Indian nationality simply on the basis of his/her continuous stay in India or supposed good behaviour,” the court added.