Madurai Bench directs Union Home Secretary to consider refugee’s application for citizenship

The Madurai Bench of the Madras High Court has directed the Union Home Secretary to “consider and pass orders on merits” within four weeks with respect to a Sri Lankan Tamil refugee’s application for Indian citizenship.    

The Madurai Bench of the Madras High Court has directed the Union Home Secretary to “consider and pass orders on merits” within four weeks with respect to a Sri Lankan Tamil refugee’s application for Indian citizenship.    

Giving this directive on a writ petition filed by the refugee and a resident of S.S. Colony in Madurai, R. Jegaprashanth, Justice G.K. Ilanthiraiyan asked the authorities to provide an opportunity of hearing to the petitioner. He also stated that he did not express “any opinion” on the merits of the petition. 

The Tamil Nadu government’s Home Secretary and Madurai District Collector were also listed as respondents.

In the petition, 44-year-old Jegaprashanth informed the court that in the wake of the 1983 July riots in Sri Lanka, he and his mother Maheswary arrived in India by air on November 29, 1983. He was initially registered with his mother and subsequently, he received a separate special certificate of registration for Sri Lankan Tamils from the Commissioner of Madurai. 

In November 2008, he was issued a Sri Lankan passport. Three years later, he applied for Indian citizenship under naturalisation in terms of Section 6(1) of the Citizenship Act [which is not applicable to illegal migrants]. In June 2018, the  State Home Secretary sent him a communication, saying that his application had been sent to the Union Home Secretary. In March 2022, the former wrote to the Union Secretary to ascertain the status of the refugee’s petition. So far, no decision had been made.  

The petitioner submitted that his mother’s application, which was submitted along with his, was accepted by the Union Ministry in 2018. She was waiting for the certificate of naturalisation. He added that he had also given an undertaking to renounce his Sri Lankan nationality.