The Madurai Bench of the Madras High Court has permitted 65 Tamils from Sri Lanka to submit a fresh application seeking Indian citizenship to the District Collector concerned. Justice G.R. Swaminathan directed the District Collector concerned to forward the same without any delay to the Central government. The Central government shall pass appropriate orders within a period of 16 weeks, considering the unique situation that the petitioners are placed in, the court said.
“I consciously refrain from issuing any positive mandamus directing the Central government to provide citizenship to the writ petitioners herein. This is because citizenship falls within the exclusive executive domain of the Central government.”
“My heart may bleed for the petitioners but I have to be mindful of the Lakshman Rekha that limits the bounds of judicial power. Going beyond will be encroachment. Any form of encroachment is bad. Encroachment by the judiciary into the executive realm can be no exception. Some may say it is exceptionally bad,” the judge said.
Both the Centre and State had contended the petitioners arrived in India without valid permits and, being illegal immigrants, were not eligible for the grant of Indian Citizenship as per the provisions under the Indian Citizenship Act , 1955.
65 Tamils from Sri Lanka gets permission for Indian citizenship from Madras HC
