The Madras High Court observed that Sri Lankan repatriates should be treated as Indian citizens and consequential benefits should be provided to them. And that it is crucial that Indian authorities recognize and honor the treaties established with Sri Lanka.
Case Title: T Ganesan v Government of India and Others
Case No: WP(MD) No.12782 of 2022
Decided on: 30th November 2023
CORAM: HON’BLE MR. JUSTICE G.R. SWAMINATHAN
Introduction
The Madras High Court while hearing a plea by T Ganesan who was pursuing validation of his Indian citizenship from the authorities observed that Sri Lankan repatriates should be treated as Indian citizens and consequential benefits should be provided to them. And that it is crucial that Indian authorities recognize and honor the treaties established with Sri Lanka.
Facts of the Case
The petitioner, T Ganesan, was born on 3rd April, 1954 and reached India in 1990 because of heightened hostilities between the Sri Lankan Army and LTTE. He was residing at Irumboothipatty Sri Lankan Refugee Camp in Karur District. In 1970, he submitted an application for registering as Indian citizen and a passport with available photo at that time was attached, cross checked by the Attache/issuing authority, was issued on 22nd August, 1982. The aforementioned passport serves as confirmation that the petitioner was registered as an Indian citizen by the 3rd Secretary/Attache/competent authority in accordance with Section 5(1)(b) of the Citizenship Act, 1955.
The respondent authorities contested the same as that the photograph in the passport is of far younger person due to which passport produced by petitioner should not be regarded and the same does not act as conclusive evidence.
Courts analysis and decision
The court held that the contention by government authorities can’t be reasonably sustained as at this time of age, it is quite simple to find the identity of a person irrespective of their age at from a photograph. Because of the same genuineness of the passport can’t be doubted and the burden of proof does not shift to the petitioner.
The court was of the opinion that it is imperative for the Government of India to acknowledge the three treaties undertaken with Sri Lankan with an objective to address the status of Indian origin Tamils in Sri Lanka. Under Article 55 of the Indian Constitution, State must strive for the promotion of respect for treaty obligations in interactions among organized communities.
The court held that the petitioner came to India 33 years age and recognizing his status as Indian citizen is not merely sufficient and he has a rightful claim to the rehabilitation measures that the Government has declared for those returning from Sri Lanka.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Rupika Goundla
