Mohd. Mudaser Ahmadi v. The Regional Passport Officer and Anr.

1. The petitioner has filed the present petition, inter alia, praying that direction be issued to the respondents to process the application of a passport for his minor daughter (Ms.Sara Ahmadi).

2. The learned counsel appearing for the respondents states that there has been some delay in processing of the application as the petitioner has not supplied the copy of the applicant's mother's passport, who is an Afghan National. He further points out that in tenns of Section 3(1) (C) (ii) of the Citizenship Act, 1955, a person would be a citizenby birth, if one of his/her parents is a citizen of India and the other is not illegal migrant at the time of his/her birth.

3. In the aforesaid circumstances, the principal question that is required to be considered by the respondents is whether the applicant's mother (Ms 2018:DHC:9260 Shagufa) was an illegal migrant as on 15.07.2014 (which is stated to be the date ofbirth ofthe applicant- Ms Sara).

4. The petitioner, who is present in person, states that he would supply the photocopies of. the passport(s), if available, to the respondents within a period of one week from today. The learned counsel appearing for the respondent states that if the same is done, the respondents will process the application within a period of four weeks thereafter.

5. In view of above statement, no flirther orders are required to be passed in the petition.

6. The petition is disposed of.

VIBHU BAKHRU, J AUGUST 17, 2018 j