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Nationality doubtful for passport

(Querist) 22 April 2019 This query is : Resolved 
I applied for my mother in law's passport. Documents attached were her Aadhar card, Voter ID and PAN. After police verification report was submitted nationality doubtful. My mother in law was born in Calcutta in 1962 and came to Delhi at the age of 7 or 8 with her parents. She doesnt have a birth certificate and parents have passed away. She studied till class 5. We went to the RPO in Delhi Bhikaiji Cama place and asked what proof to submit in case of a nationality doubtful police report. Theysaid a special enquiry will be conducted no additional documents hve to be submitted. What is a special enquiry for passport? How muchtime does it take ?
Seema (Querist) 22 April 2019
The same issue exists for my daughter who is 9 years old. Both me and my husband have passports. We attached her birth certificate , aadhar , annexure D and my husband's passport. They said Nationality doubtful for her at the PSK. No police verification was initiated. Just referred to RPO. Special enquiry for her as well. Please advise
Vijay Raj Mahajan (Expert) 22 April 2019
Doubt about the nationality arises for people whose parents migrated from foreign country or were born in foreign country..
It's not surprising that although your mother in law has Aadhar, voter's card, pan card, but still her nationality is being questioned.
Simple reason, getting all these documents in India even by a foreigner is very much possible, there is judgment in this regard, where court held proof of nationality or citizenship required for foreigner who came to India and that is citizenship certificate under the Citizenship Act.
As far your child's citizenship is concerned that if the child born out of India and her birth was not registered with Indian authorities, will create same problem for you.
Look what I'm telling you is my personal experience, in Kolkata I met a person whose father came from Afghanistan, this fellow was born in India, all of the family had all those documents, Aadhar, pan card, ration card, voter's card with them, none of the family member ever got registered with Indian authorities under the Citizenship Act. This not the only case there are millions of such cases who had entered India from neighboring countries and settled here and with help of local politicians got all these documents but officially they are Not Indian.
P. Venu (Expert) 23 April 2019
Let them conduct the inquiry. You can pursue its progress through RTI.
Seema (Querist) 24 April 2019
Respected Sir,
1) My mother in law has voted several times in Delhi since her marriage in 1980. If a Voter ID card is not enough proof of nationality/citizenship then she should not have been allowed to vote either. Why is it that she is considered a citizen/national of India at the time of elections but not for a Passport?
2) My daughter is an Indian as she is born in India with a valid Birth Certificate issued by MCD, both her parents (Me and my husband) are Indians born in India holding Indian passports. Still, why was she put in the Nationality doubtful case for a passport?
3) It would be great if anyone can throw light on what a Special Enquiry for a passport is and how do they conduct the Special Enquiry. Has anyone faced a similar situation
Seema (Querist) 26 April 2019
Respected Experts any update on the query above?
Seema (Querist) 03 May 2019
Any responses on the query above?
Sudhir Kumar, Advocate (Expert) 11 May 2019
It is already clarified by Mr Mahajan that voter I Card is no conclusive proof of nationality. Many foreigners are able to get it.

time of partition.


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