Telangana High Court Quashes Overstay Fines on Minor Holding Indian and British Passports

The Telangana High Court quashed overstay penalties and directions to surrender an Indian passport imposed on a three-year-old minor holding both Indian and British passports.

The Court said that executive instructions or immigration guidelines cannot curtail the statutory right of Indian citizenship by descent during minority. It observed that under the Citizenship Act, 1955, the requirement of renunciation arises only upon attaining majority.

In the absence of any formal adjudication or written order declaring cessation of citizenship, authorities could not insist on passport surrender or levy fines.

The Court also held that denying an exit permit in such circumstances was unsustainable under law.