Ema Bassi v. Union Of India And ANR
$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15995/2024 EMA BASSI .....Petitioner Through:
Ms. Meenal Duggal and Mr. Aakash Arora, Advs.
versus UNION OF INDIA AND ANR .....Respondents Through:
Mr. Ashish K. Dixit, CGSC, Mr.
Shivam Tiwari and Mr.
Umar Hashmi, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R
% 28.07.2025 1.
Vide order dated 23.01.2025, it was directed as under: "1. The present petition has been filed by the petitioner being aggrieved by order dated 16.07.2021 whereby the respondent has rejected the application bearing MHAF No.2018060084 preferred by the petitioner for grant of citizenship; the said application has been filed by the petitioner as Annexure-B to the present petition.
2. After some hearing, it is acceded by learned counsel for the petitioner that it would be apposite for the petitioner to make a proper application under Section 5(1)(e) of the Citizenship Act, 1955 for obtaining Indian citizenship.
3. Learned counsel for the respondents does not controvert that the petitioner's application under the said provision can be duly considered.
4. Accordingly, the petitioner is granted liberty to file an appropriate application under Section 5(1)(e) Citizenship Act, 1955 for grant of citizenship. The same shall be expeditiously considered by the concerned authorities, taking into account the peculiar facts of the present case.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5. It is noted that the petitioner is no longer an OCI having surrendered her Iranian citizenship. Further, both her parents are stated to be Indian citizens. The petitioner was herself born in India and was an Indian citizen prior to her first marriage to an Iranian national. Further, there were extenuating circumstances which compelled the petitioner to take resort to the steps referred to in para-2 of the impugned order. Let the same be not an impediment for consideration of the petitioner's application under Section 5(1)(e) Citizenship Act, 1955.
6. List on 25.07.2025."
2.
Learned counsel for the petitioner submits that the said order has not been complied with inasmuch as the petitioner's application seeking citizenship has not yet been processed nor any intimation has been sent to the petitioner as regards thereto.
3.
After some hearing, it is agreed that the petitioner's pending application for grant of citizenship shall be treated to be under 5(1)(a) as also 5(1)(e) of the Citizenship Act, 1955, in view of the circumstances narrated in the present petition. Let the application be expeditiously processed by the concerned authorities.
4.
If any additional document / information is required from the petitioner, the same shall be duly intimated to the petitioner, whereupon the petitioner shall expeditiously provide the same. 5.
The application of the petitioner shall be processed keeping in mind the observations made in order dated 23.01.2025. 6.
Let the necessary exercise for processing and taking a decision on the petitioner's application seeking citizenship be concluded expeditiously, preferably within a period of three months from today. 7.
The concerned District Magistrate / Govt. of NCT of Delhi is directed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
to act with expedition and submit the necessary report / documentation, so as to ensure that the above timeline is adhered to. 8.
The petition is disposed of in the above terms. SACHIN DATTA, J JULY 28, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.