The order was delivered recently by Justice K U Chandiwal, who dismissed petitions filed by four persons who were prosecuted for being illegal migrants into the country.
"The birth certificate of one of the applicant Anwar, will not suffice as under the law it is imperative for such applicants to establish that his parents were Indian nationals. There is no such proof adduced before the learned (trial) judge," the court observed.
Those born in India on or after December 3, 2004, can claim citizenship by birth only if parents are Indians or if one parent is a citizen and the other is not an illegal immigrant at the time of birth.
In this case, the High Court upheld a trial court's order sentencing Anwar and three others to six months jail term for illegally entering India. A plea made by them to remand the matter back to trial court so that they could submit the required proof was also rejected by the High Court.
"Survey of the above facts does not call for interference. Revision and application are dismissed", said the judge.