AKBAR KHAN ALAM KHAN AND ANOTHER vs THE UNION OF INDIA AND OTHERS

The Supreme Court held that under Section 9(2) of the Citizenship Act, 1955, a civil court is precluded only from determining the acquisition of citizenship of another country, not from adjudicating on the nationality of a person. The Court found that the lower courts erred in dismissing the appellants' suit for a declaration of Indian citizenship, as they should have assessed whether the appellants were ever Indian citizens. The Court directed that if the appellants were found to be citizens, the suit should be stayed until the Central Government decided on the renunciation of citizenship, otherwise the suit should be dismissed.