UNION OF INDIA & ORS. vs RACHITA FRANCIS XAVIER

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14.07.2025 + LPA 1231/2024 UNION OF INDIA & ORS. .....Appellant Through: Ms. Nidhi Raman, CGSC with Mr. Abhigyan Siddhant, GP and Mr. Arnav Mittal, Advocate for UOI. versus RACHITA FRANCIS XAVIER .....Respondent Through: Mr. Bharadwaj S. Iyengar, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) 1. Heard learned counsel for the parties and perused the records available before us on this intra-court appeal filed under Clause X of the Letters Patent with the limited prayer to set aside the judgment dated 15.05.2024, passed by learned single judge in W.P.(C) 1754/2020 to the extent the judgment holds the respondent not to be an “illegal migrant” and to be a “person of Indian Origin”. More specifically, the prayer made in this appeal is to set aside the observations made in paragraphs no.29, 30, 41 and 52 of the judgment dated 15.05.2024 passed by the learned Single Judge. 2. It has been argued on behalf of the appellants that observations made in paragraph no.29 of the judgment passed by the learned Single Judge to Signature Not Verified LPA 1231/2024 Page 1 of 9 Digiltally Signed By:SREERAM L Signing Date:16.07.2025 10:58:45 the effect that the term “illegal migrant” would not apply to the respondent, is not sustainable, for the reason that facts of the present case clearly establish that the respondent is an “illegal migrant” as per definition of the said expression occurring in Section 2(1)(b) of the Citizenship Act, 1955 (hereinafter referred to as the „Citizenship Act‟). 3. Further submission of the learned counsel representing the appellants is that finding recorded by learned Single Judge in the impugned judgment holding that the respon