GHAURUL HASAN AND OTHERS versus THE STATE OF RAJASTHAN

GHAURUL HASAN AND OTHERS versus THE STATE OF RAJASTHAN

Orders cancelling the petitioners' registration as citizens were wholly illegal as neither s. 10(2)(a) of the Citizenship Act nor s. 21 of the General Clauses Act empowered the Collector to do so, particularly where fraud or concealment was not established.

Parties
Petitioners: Ghaurul Hasan and Others; Respondent: State of Rajasthan; Respondent: Union of India
Jurisdiction
India
Judgment Date
05 April 1961
Procedural Posture
Writ Petition Under Article 32 / Supreme Court Original Jurisdiction
Outcome
Petition allowed; orders cancelling registration set aside.
Legal Topics
Citizenship by Registration, Cancellation of Citizenship Certificates, Powers of Collector, General Clauses Act S.21, Article 32 – Enforcement of Fundamental Rights
Constitutional Law Citizenship Law Citizenship by Registration Cancellation of Citizenship Certificates Powers of Collector General Clauses Act S.21 Article 32 – Enforcement of Fundamental Rights

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Parties

Ghaurul Hasan and Others

Petitioners

State of Rajasthan

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 / Supreme Court Original Jurisdiction

Legal Issues

  1. 1 Whether the Collector has power to cancel certificates of registration of citizenship granted under s. 5(1)(a) of the Citizenship Act, 1955.
  2. 2 Whether s. 10(2)(a) of the Citizenship Act, 1955, or s. 21 of the General Clauses Act, 1897, empower such cancellation.

Ratio Decidendi

Orders cancelling the petitioners' registration as citizens were wholly illegal as neither s. 10(2)(a) of the Citizenship Act nor s. 21 of the General Clauses Act empowered the Collector to do so, particularly where fraud or concealment was not established.

Court Disposition

Petition allowed; orders cancelling registration set aside.

Orders

  • Orders of the Collector cancelling registration certificates are set aside.
  • Petitioners entitled to costs.