RSS chief pays tribute to Gauri Lankesh, Dharam Singh

Mangaluru, May 31: Eminent social worker, former Principal of School of Social Work Dr Olinda Pereira, passed away on Sunday.

She was 95.

Mahatma Gandhi Peace awardee Pereira promoted Women’s Education and Development in several States. She has left an indelible mark in the state of Karnataka, India and overseas.

Dr Olinda Pereira publications include: Understanding Children – 1,2,3, Sallak Publications – 1974; Adjustment and its Correlates among Pre-adolescents – Preeti Publications – 1977; Domestic Workers Struggle For Life-A.T.C Publications – 1985.

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

Bengaluru, Jun 22: Areas having three to four COVID-19 cases being termed as clusters will be totally sealed and maximum testing will be conducted there, moreover only critical cases will be shifted to COVID hospitals in Bengaluru, said Karnataka Home Minister Basavaraj Bommai.

Speaking to media persons, Karnataka Home Minister Basavaraj Bommai said, "It has been decided that clusters (areas having 3-4 #COVID19 cases) will be totally sealed and maximum testing will be done there. Only critical cases will be shifted to Covid hospitals. I demanded that police personnel are tested on priority."

"A lot of issues were discussed about the spike in COVID-19 cases. As far as hospitals are concerned there are two types of patients, asymptomatic and symptomatic, moderate and critical. Moderate and normal cases can be shifted to COVID centres," he added.

Bommai further added that beds in hospitals need to be reserved for corona warriors as well.

"There has to be a coordination between BBPM who brings the patient and the hospital, the moment a positive case is reported to avoid the waiting period. Even in hospitals, some beds have to be reserved for corona warriors. Community transmission is not yet there but we have to be prepared," he added.

Earlier today, Karnataka Chief Minister BS Yediyurappa had called an emergency meeting of concerned officials and departments to discuss measures to control rising COVID19 cases in Bengaluru.

As the numbers of COVID-19 cases are increasing in Bengaluru at an alarming rate, the Chief Minister opined that this can be contained only if preventive measures were implemented strictly.

He directed the officials to implement lockdown strictly in the clusters, which reported more number of cases, especially KR Market and surrounding areas such as Siddapura, VV Puram, Kalasipalya. It was decided to seal the adjoining streets, where the cases are reported.

He said that stringent action would be taken against those who violate quarantine and FIR would be filed if necessary.

Officers were directed to fix rates for treatment of COVID patients in private hospitals to make coronavirus treatment accessible to all.

Yediyurappa further instructed officials to set up fever clinics in all wards and maintain hygiene and provide other basic amenities to the people who were quarantined in social welfare hostels and other government institutions.

"COVID-19 should be contained without affecting the economic activities in Bengaluru, which resumed recently," he said.

"COVID War Room shall have real-time information on the availability of beds in various COVID hospitals and shall facilitate the infected person to avail treatment without losing any time," added Yediyurappa.