Dalit man beaten to death in Gujarat, 5 held

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.

Belgrade, June 23: Novak Djokovic tested positive for the coronavirus on Tuesday after taking part in a tennis exhibition series he organized in Serbia and Croatia.

The top-ranked Serb is the fourth player to test positive for the virus after first playing in Belgrade and then again last weekend in Zadar, Croatia.

His wife also tested positive. “The moment we arrived in Belgrade we went to be tested. My result is positive, just as Jelena's, while the results of our children are negative," Djokovic said in a statement.

Djokovic has been criticized for organizing the tournament and bringing in players from other countries amid the coronavirus pandemic.

Viktor Troicki said Tuesday that he and his pregnant wife have both been diagnosed with the virus, while Grigor Dimitrov, a three-time Grand Slam semifinalist from Bulgaria, said Sunday he tested positive.

Borna Coric played Dimitrov on Saturday in Zadar and said Monday he has also tested positive. There were no social distancing measures observed at the matches in either country and Djokovic and other players were seen hugging each other and partying in night clubs and restaurants after the matches.

 “Everything we did in the past month, we did with a pure heart and sincere intentions,” Djokovic said.

“Our tournament meant to unite and share a message of solidarity and compassion throughout the region.” Djokovic, who has previously said he was against taking a vaccine for the virus even if it became mandatory to travel, was the face behind the Adria Tour, a series of exhibition events that started in the Serbian capital and then moved to Zadar.

He left Croatia after the final was canceled and was tested in Belgrade. The statement said Djokovic was showing no symptoms.

Despite the positive test, Djokovic defended the exhibition series. “It was all born with a philanthropic idea, to direct all raised funds towards people in need and it warmed my heart to see how everybody strongly responded to this,” Djokovic said.

"We organized the tournament at the moment when the virus has weakened, believing that the conditions for hosting the Tour had been met. “Unfortunately, this virus is still present, and it is a new reality that we are still learning to cope and live with.”

Djokovic said he will remain in self-isolation for 14 days and also apologized to anyone who became infected as a result of the series. Organizers of the Adria Tour said the third stage of the event, scheduled to held next week in Bosnia, has been cancelled.