Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 325-Citizenship Act 1955-R.epre- sentation of People Act 2~egistration of Electors Rules 1960--Rule 21A 1950--Sections 16 Constitution of India-Arts. 5 to 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India-Arts. 5 to 7, 325-Citizenship Act, 1955-Representation of People Act, 1950--Sections 16, 22- Registration of Electors Rules 1960--Rule 21A-Electoral Rolls-Revision Deletion of names already on roll- Procedure for removal-Guidelines issued.Citizenship Act, 1955 Section 9-Citizenship Rules, 1966-Termination of citizenship-Procedure for.The Election Commission by an order dated 21-8-1992 issued a directive empowering Collectors of all Districts in India to determine if any person was or was not a foreigner. Enumerators were appointed and the information collected by the enumerators had to be consolidated and furnished to the Collectors who were to get the same verified through the police/intelligence agencies or the like and then decide the question whether the person or persons concerned were citizens of India. The Electoral Registration Officers were then expected to prepare a draft electoral roll on the basis thereof and publish it inviting objections, if any. The Electoral Registration Officer was to consider the request for inclusion of his name in the roll and decide thereon. Another directive dated 9-9-1994 was issued empowering the Electoral Registration Officers to identity and declare the names of foreign nationals and delete their names from the electoral roll. Pursuant to these directives, extensive search was undertaken in police stations of Bombay and Delhi. Letters were issued by the police to about 1.67 lakh persons calling upon them to produce birth certificates, Indian passports, if any, citizenship certificates and/or extracts of entry made in the register of citizenship. Requests for extension of time were refused. Except the documents stated, no other proof was entertained. Onus of proof was on the addressee to prove that they were Indian citizens and ordinary residents of the constituency. The police identified the areas having substantial presence of foreign nationals. The Electoral Registration Officer placed implicit reliance on the said document and raised a presumption in regard to its correctness. The notices issued to the persons suspected to be foreigners carried a statement to the effect that the addressee was or was not a citizen of India. Claims were rejected solely on the report of the police without furnishing copies. Writ petitions came to be filed challenging the police action. Several concessions were made by the Advocate General. It was clarified that in all letters issued in future such a statement will not be printed or typed on the reverse of the notice; that the documents in support of proof of citizenship will not be confined to those specified. The petition was dismissed on the basis of these concessions. Hence this appeal. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1995 INSC 98 |
Petitioner | Lal Babu Hussein And Ors. |
Respondent | Electoral Registration Officer And Ors. |
SCR | [1995] 1 S.C.R. 877 |
Judgement Date | 1995-02-06 |
Case Number | 731 |
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