Top StoriesCheap Publicity Stunt: Allahabad HC Imposes Cost On Petitioner Seeking Deprivation Of Citizenship Of JNU’s Kanhaiya Kumar [Read Order] LIVELAW NEWS NETWORK5 Sep 2020 4:56 AMShare This – xThe Allahabad High Court on Wednesday dismissed with costs a PIL for revocation of citizenship of Kanhaiya Kumar, former President of the Students’ Union, JNU, in connection to the 2016 Sedition Case. The Bench of Justices SK Gupta and Shamim Ahmed noted that the plea had been filed with the sole motive of gaining “cheap publicity” without even going through the provisions relating…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court on Wednesday dismissed with costs a PIL for revocation of citizenship of Kanhaiya Kumar, former President of the Students’ Union, JNU, in connection to the 2016 Sedition Case. The Bench of Justices SK Gupta and Shamim Ahmed noted that the plea had been filed with the sole motive of gaining “cheap publicity” without even going through the provisions relating to deprivation of Citizenship. It observed, “Valuable time of this Court, which is functioning in its limited strength, during the period of the pandemic, has been wasted by filing the present writ petition. Intention of the petitioner, in our opinion, is not to espouse the interest of the public, but only of his own self, by gaining publicity. Such conduct is highly condemnable.” It therefore directed the Petitioner to pay a cost of Rs. 25,000/- in favour of the Registrar General, High Court Allahabad within a period of 30 days, which shall be remitted to the HC Advocates’ Association. In February 2016, a FIR was registered against Kumar and others for the offence of sedition and criminal conspiracy, for raising anti national slogans during an event that took place in JNU campus in February that year. A charge sheet in the matter was filed by the Delhi Police last year. The Petitioner herein had submitted that he was constrained to approach the Court as the Central Government did not take any action to terminate Kumar’s Citizenship, despite his raising anti-national slogans. “Kanhaiya Kumar and his associates are supporting the freedom struggle of terrorist groups who are working on the instigation of Pakistan to destabilize the unity and disturb the peace and tranquility of our country,” the Petitioner alleged. He had urged the Court to direct the Government to cancel Kumar’s citizenship under Section 10 (2) of the Indian Citizenship Act, 1955. Section 10 provides for deprivation of citizenship of a citizen of India who is such by naturalisation or by virtue only of Article 5(c) of the Constitution or by registration otherwise than under Article 6 (b) (ii) of the Constitution or Section 5 (1) (a) of the Citizenship Act. Notably, Kanhaiya Kumar does not fall in any of the abovementioned categories of citizenship as he is was born in India. Therefore, he is a citizen of India by virtue of Article 5(a) of Constitution. In view of the above the Court observed thus: “From the perusal of the record, it appears that the learned counsel for the petitioner before filing the present writ petition has neither gone through the provisions of Constitution of India nor The Indian Citizenship Act, 1955. xxx A bare reading of Section 10 of The Indian Citizenship Act, 1955 and the relevant provisions i.e. Article 5 to 11 of Constitution of India contained in Part II of the Constitution of India dealing with the citizenship clearly indicates that the provision for depriving the citizenship can be invoked only against those persons who have become citizen of India by naturalisation or by virtue only of clause (c) of Article 5 of the Constitution of India or by registration otherwise than under clause (b) (ii) of Article 6 of the Constitution of India or clause (a) of sub-section (1) of section 5 of this Act. Such persons shall cease to be citizens of India, if they are deprived of their citizenships by an order of the Central Government under this section. In the present case, admittedly, the Respondent No. 3, Kanhaiya Kumar was born in the territory of India, as such, by virtue of Article 5(a) of Constitution of India, he is a citizen of India. Thus in view of the above Respondent No. 3, cannot be deprived of his citizenship, in as much as he has not become a citizen of India by naturalisation or by virtue only of clause (c) of Article 5 of the Constitution of India or by registration as provided under sub section (1) of Section 10.” Case Details: Case Title: Nageshwar Mishra v. Union of India & Ors. Case No.: PIL No. 801/2020 Quorum: Justice SK Gupta and Justice Shamim Ahmed Appearance: Advocate Shailesh Kumar Tripathi (for Petitioner) Click Here To Download Order Read Order Next Story
Loading… Former West Ham goalkeeper, Rob Green, insists the manager’s job remains one of the most coveted. Manuel Pellegrini Manuel Pellegrini was sacked by the Hammers yesterday after the defeat to Leicester City. Speaking to Radio 5 Live, Green insisted there would be no shortage of managers interested in taking the job. “It would be an interesting choice to bring David Moyes back but – a bit like Nigel Pearson – he has something to prove,” he said. “He has had a number of positions where it didn’t go so well. He might come into it with a newfound resolution, or a new lease of life.Advertisement “Maybe it will be a short-term appointment to the end of the season where if he does keep them up you say: ‘Here’s a big bonus and see you later’. “I am sure if you say to the West Ham fans we need someone to see us through to keep us in the division, it’s a tough call. “We don’t know what the owners’ thinking is. Read Also:Moyes set to replace sacked Pellegrini at West Ham “There’s big names out there. Unai Emery is a shout, Rafa Benitez has said he is not coming back from China. “There are managers who would love to manage West Ham.” FacebookTwitterWhatsAppEmail分享 Promoted Content10 Risky Jobs Some Women Do8 Addictive And Fun Coffee Facts6 TV Shows That Got Better After A Major Character Had Left7 Worst Things To Do To Your Phone6 Amazing Shows From The 90s That Need A Reboot Right NowThis Guy Photoshopped Himself Into Celeb Pics And It’s Hysterical2020 Tattoo Trends: Here’s What You’ll See This Year6 Interesting Ways To Make Money With A DroneFrom Enemies To Friends: 10 TV Characters Who Became CloseCan Playing Too Many Video Games Hurt Your Body?Fantastic-Looking (and Probably Delicious) Bread ArtWho Earns More Than Ronaldo?
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