Jamgon Kongtrul Rinpoche has been asked to go back to Tibet by the Union government of India
|The Delhi High Court has stayed the deportation notice of Lodro Chokyi Nyima|
who had been asked to go back to Tibet by the Union government
Delhi High Court delays government's attempt to deport Buddhist monk
The Delhi High Court has come to the rescue of Lodro Chokyi Nyima, the fourth re-incarnation of Karmapa Jamgon Kongtrul, who has been asked by the Centre to go back to Tibet.
The HC has stayed the deportation notice for now and has sought a response from the Centre as to why it wants to extradite the monk to Tibet where there is threat to his life.
Nyima's biological parent sneaked him into India from Tibet in 1997 when he was only two years old.
The parents feared "political misconceptions of the Chinese Government" after the Dalai Lama revealed that Nyima was the fourth re-incarnation of the Karmapa.
Nyima was taken in by the monks at the Rumtek Monastery in Sikkim and adopted by a local couple.
He has since been living in the country with his parents as an Indian citizen.
As per the records submitted before the HC, the Central Tibetan Administration had consented to the adoption.
A passport was issued to Nyima in 2006 and he even travelled to the US on the same.
However, in 2007, the Centre sent a letter to Nyima and his adoptive mother Kunzang L Chungyalpa informing them that the monk's passport was being revoked as he had not entered India lawfully.
The letter from the Ministry of Home Affairs further said that Nyima could not be granted India citizenship by virtue of adoption as the process did not fulfil statutory conditions as per Section 4 of the Citizenship Act.
Nyima and his parents reapplied for citizenship citing the adoption documents affirmed by the Sikkim government and the Tibetan authorities.
The application, however, was rejected by MHA. In 2009, the family approached the HC through senior advocates Ram Jethmalani and D.K. Thakur seeking relief.
The counsels contended that Nyima's adoption could not be challenged as the parents had followed all state norms, and on the basis of the adoption papers he was entitled to all citizenship rights.
The court took a note of the fact that the Central Tibetan Administration had consented to the petitioner's adoption and stayed his deportation till further orders.
"The fact remains that he was issued a passport in 2006 that was later revoked. Concededly, he has been residing in India, all this while.Having regard to these circumstances, the court is of the opinion that till the next date of hearing, no coercive steps should be taken to deport the petitioner," the court said in a previous hearing.
It has sought a detailed synopsis of the matter from both parties by the month-end and fixed the matter for hearing in December this year.
Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2477068/Delhi-High-Court-delays-governments-attempt-deport-Buddhist-monk.html#ixzz2iuFiX5Bm
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