Special Act Permits
Hindu to Sue U.S. To
Regain His Citizenship
Special to The Christian Science Monitor
PORTLAND, Ore.—-Legal steps
toward regaining his American citizenship have been taken here in|
Federal Court by Rakha Singh
Gherwal, high caste Hindu and ex-Portland resident, by authority of a
special one-man act passed at the!
last session of Congress.
The ex-citizen is seeking to have
the Federal District Court here set
aside a decree of Nov. 17, 1924,
canceling his citizenship and, which
he contends, was obtained in an
"unfair and inequitable manner."
He prays to be adjudged a citizen
of the United States.
Rakha Singh Gherwal brought a
similar suit which was dismissed in
1930 because there was no act which
permitted the United States Government to be sued in such a matter.
The new act was passed last summer especially to care for the case
of Mr. Gherwal. Its provisions confer upon the United States District
Court jurisdiction "to hear, determine and render judgment upon any
suit in equity brought by Rakha;
Singh Gherwal against the United
States for the purpose of setting
aside the default decree of such
court rendered Nov. 21, 1924, canceling the certificate of naturalization of Rakha Singh Gherwal."
The decree which Mr. Gherwal
seeks to dissolve was obtained by the
Government by default. The contention of the Government was to
the effect that the Hindu had obtained citizenship illegally because,
being a hindu, he was not a member
of a "free, white" race and therefore
not eligible to citizenship. The Government took the default decree in
violation of agreement without giving Mr. Gherwal opportunity to defend, he alleges.
The complaint states that "Mr.
Gherwal is a high caste Hindu, being a member of the Royal race of
India, known as Rajpoot or Ruling
Caste of India, his family having
ruled India for thousands of years
and still ruling the state of Gherwal." Mr. Gherwal forfeited his
rights to property in India by becoming a citizen of the United
States, the pleadings set forth, and
values his citizenship here above the;
wealth he would receive through its
repudiation.