The Delhi High Court has directed the Central government to take into consideration the renewal of India born Miss Tibet director, Mr. Lobsang Wangyal irrespective of his Tibetan descent. The court said that it is the fundamental right of Mr. Wangyal who is also a journalist by profession as he has acquired the Indian citizenship by birth.
“The passport is his (petioner’s) fundamental right. He also acquired his citizenship by birth. These are short issues and should be sorted out. He is naturally born in India which is not in dispute (as per the ministry),” said Justice Sanjeev Sachdeva according to a report in TOI.
The Tibetan refugee was denied of renewing his passport on the ground that prior to it, he has to apply for Indian citizenship under the Indian Citizenship Act.
The ground of denial has been challenged by the Tibetan as it was not sustainable as those born between January 26, 1950 and July 1, 1987 to Tibetan parents settled in India would automatically be treated as Indian citizens by birth according to Section 3 (1) (a) of the Citizenship Act.
However, in similar cases of other Tibetans, the authorities, objecting to the plea, stated that the petitioner’s date of birth did not automatically accord him the Indian citizenship and he should have filed an application seeking the citizenship as contemplated under Section 9 (2) of the Citizenship Act, 1955.
Since the Tibetan petitioner already has his passport and it was an issue of renewal, the court had asked the concerned authorities, “How can they deny him the passport.”. The court directed the concerned authorities file the replies before August 22.
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