The Hindu : Tamil Nadu / Chennai News : Court admits Nalini's appeal

Online edition of India's National Newspaper
Thursday, Dec 21, 2006
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Tamil Nadu

Tamil Nadu - Chennai

Court admits Nalini's appeal

Special Correspondent

Her daughter is "Indian by birth"

CHENNAI: The Madras High Court has admitted a writ appeal preferred by S. Nalini Srikaran, a convict in the Rajiv Gandhi assassination case, seeking student visa for her daughter Megara.

The Bench comprising Chief Justice A.P. Shah and Justice K. Chandru ordered notices to the State and the Centre.

It observed that as the 14-year-old Megara was born in India, she was an Indian citizen by birth.

As Megara was a child when she was taken to Sri Lanka by her grandmother, the question of conscious relinquishment of citizenship at that time did not arise.

The Centre alone was the competent authority to decide on the matter. Till then, Megara was eligible for entry permit to be in India.

On October 31, a single judge of the court had dismissed Ms. Nalini's writ petition after recording a submission by the Ministry of External Affairs that the Government did not recommend grant of student visa to Megara as she had overstayed her earlier visa period by a month.

In her petition, Ms. Nalini said Megara was an Indian citizen by virtue of Section 3(b) of the Citizenship Act 1955. Pointing out that Megara was forced to go to Sri Lanka after both her parents were awarded the death sentence in the Rajiv Gandhi assassination case, Ms. Nalini said an emergency Sri Lankan passport was obtained for her daughter under such a compelling situation.

It was well settled that holding the passport of a foreign country was not conclusive evidence that a person was not a citizen of India, she said. "We intend to make separate application to get Indian passport for our daughter."

Referring to armed conflicts in Sri Lanka, she said Megara was unable to attend classes as all schools and colleges in the conflict zone were closed. "Megara is an innocent minor girl looking forward to a peaceful life."

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