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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.

Mangaluru, Jul 10: The new team of office bearers of Mangalore Toastmasters Club for the year 2020-21 was installed in an online ceremony themed “Unlockdownable MTM” on 04th July, 2020. The new team will be led by Shraddha S Pai as President and her team consisting of Dr. Sapna Ramaraj as Vice President-Education, Ranjani Vittaldas as Vice President-Membership, Fiona Pinto as Vice President-Public Relations, Aashitha Shetty as Treasurer, Chandrashekar Palekar as Secretary and Oliver Lobo as Sergeant-at-arms. Dr. Ananth Prabhu, motivational speaker and cyber law investigator was the chief guest for the occasion.

In his speech, Dr. Ananth Prabhu emphasized the necessity for a paradigm shift towards cyber security with the rampant increase in digitization. He mentioned three out of fifteen skills that are absolutely necessary for anyone to be successful - how to impress people, independent living and surviving skills and how to bounce back when you fall. The remaining 15 can be found detailed in his book - The Samurai who sold his Suzuki which he presented to the outgoing and incoming Presidents.

Aashitha Shetty was the anchor for the program. Chandrashekar Palekar rendered the invocation and Benzita Ferrao welcomed the gathering. Outgoing President Kavitha Kamath thanked her entire team, mentors and the club members for their support during her tenure. Outgoing Vice President-Education Mareena Seema presented the Toastmaster of the year award to Distinguished Toastmaster M. N. Pai. Jyothi Hebbar presented an elaborate Secretary’s report highlighting the club’s happenings, events and achievements during the past year 2019-20.

Sunitha Periera introduced the 11 new members of the club who were then inducted by Division F Director Molly Chaudhuri. The Oath-taking of the new office bearers was presided over by Area F3 Director Sapna Shenoy. In her acceptance speech, Shraddha S Pai thanked the club members for putting their confidence in her and electing her to the new position. She spoke of her sense of debt and duty to those who held the office before her and promised to do her best in meeting the challenges in the coming year.

17 Representatives and leaders from different clubs of Division F including Club Growth Director Savitha Salian, Division Director Molly Chaudhuri and veteran toastmasters Malini Hebbar and Phyllis D’Costa felicitated the outgoing and incoming office bearers. Isha S Pai, daughter of newly sworn-in President Shraddha S Pai and Mrs. Vijaya Kudva, mother of outgoing President Kavitha Kamath also felicitated the new team. The vote of thanks was proposed by Princita Ferrao. Technical support was handled by Praveen M.N. and Yvonil D’Souza.

Mangalore Toastmasters club is built on 17 glorious years of support and encouragement of a healthy mix of veteran as well as rookie toastmasters. Bagging 93 educational awards, the club has placed 11th worldwide in the past year, upholding Toastmasters International’s core values of integrity, dedication to excellence, service to the member and respect for the individual.