Jalandhar, September 19
The Ministry of Home Affairs (Foreigners Division) has ceased the Indian citizenship of senior Congress leader and transporter Avtar Henry.
The Ministry of Home Affairs (Foreigners Division) has ceased the Indian citizenship of senior Congress leader and transporter Avtar Henry.
In a communication to Principal Secretary (Homes) DS Bains, Undersecretary, Union Government, SN Garg has said the Centre, while exercising powers under Sections 9(2) of the Citizenship Act-1955, had ceased Henry’s Indian citizenship from the date he acquired British citizenship and passport in 1969.
Henry, however, is at liberty to acquire Indian citizenship by following the procedures laid down under the law.
In the letter, Garg stated that an inquiry report forwarded by the Additional Director General of Punjab Police specified that the office of the Deputy Commissioner, Jalandhar, was not in possession of any record that could be used to ascertain whether Henry had submitted an application to acquire Indian citizenship or not. Henry had acquired an Indian passport in 1981 and subsequently in 2004. The passport can be issued only to an Indian citizen.
But the records of the Foreigners Division of the Ministry of Home Affairs confirmed that the division had not granted Indian citizenship to Avtar Henry from 1981 onwards.
The letter sent by Garg to Bains stated that the fact that he had acquired a British passport conclusively proved that he had acquired British citizenship and thereby automatically ceased to be an India citizen under Sections 9(1) of the Citizenship Act-1955 from the date of the acquisition of British citizenship.
Case history
Henry had landed in a trouble following allegations of dual citizenship levelled by his son Gurjit Singh Sanghera. The Union Home Ministry had summoned him to Delhi to clear his stand.
Henry was asked to appear before the ministry on July 10, 2012. Henry had appeared before SM Garg and recorded his statement.
In November 2009, Sanghera had accused his father of possessing two passports. In his complaint, Sanghera had alleged that Avtar Singh ‘Sanghera’ had been to England on an Indian passport, which he had procured from the passport office in Delhi by posing as Lakhbir Singh Sanghera’s son. Lakhbir Singh Sanghera is, in fact, Henry’s elder brother and his father’s name is Joginder Singh.
The complainant had further alleged that Henry had made a false averment in the British passport that his “father”, Lakhbir Singh Sanghera, had died in 1905. Lakhbir Singh had actually died in November 2006.
The complaint further read that Avtar Henry (‘son’ of Lakhbir Singh) took British citizenship on the old passport issued by the Indian Government. He later managed to get a passport from the British government and returned to India in September 1969. He yet again got a passport prepared from the Jalandhar passport officer, showing himself as the son of Joginder Singh (the real father) and born in Pakistan.
The complainant had sought charges under Sections 420, 465, 467, 468, 471 and 494 of the IPC against Henry. The Jalandhar police acted on the complaint, but the files were gathering dust at the SSP’s office.
The case was later reopened by the city police after Sanghera, through his friend Ajay Sehgal, an RTI activist, moved the Punjab and Haryana High Court.
The court had directed the Union Home Ministry, Punjab Chief Secretary and the DGP to complete an ongoing probe into a complaint against Henry in four months.
Son relieved
Gurjit Singh Sanghera has expressed satisfaction at the union government’s decision to cease Henry’s Indian citizenship. Talking to The Tribune, Sanghera claimed that he would move an application before the city police Commissioner seeking his arrest.
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