14 AMU students charged with ‘sedition’ after Republic TV crew, saffron activists trigger unrest on campus

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.

Chikkamagaluru, Mar 8: A 20 member armed gang barged into a farmhouse at Gudde Thota near Jayapura in Koppa taluk and looted valuables and cash worth about Rs 12 lakh after assaulting the inmates, Police said on Sunday.

According to police, the culprits covered their face with masks and after assaulting watchman they broke open the main door and tied up Vijayaraghav and his wife Asha before robbing the valuables.

The culprits took away Rs 2.5 lakh in cash and valuables worth over Rs 10 lakh.

Pathnamthitta, Mar 10: A man under observation for suspected coronavirus infection at the isolation ward of the district hospital here fled, but was tracked and brought back within hours. The man was among those who had interacted with the three-member family who returned from Italy and have tested positive for the virus.

Pathnamthitta district collector PB Nooh said one person, who was under observation at the general hospital had escaped but was later tracked and brought back. "If even a single person under observation goes out, it is a threat. This is a public hazard".

The one excercise which the health authorities have to undertake on Tuesday is to see how many people had come incontact with this person after he left the hospital. There is need to isolate those people with whom he mayhave come into contact, the collector said "This is the timeto behave in a very socially responsible manner".

With six positive cases being reported, the state government has already warned that stringent action would be taken against those flouting the directions of the health department. Health Minister K K Shailaja has warned that those coming from COVID19 affected nations, should report to authorities on arrival in the state, failing which a case would be registered against them under the Public Health Act.

A 3-member family, which had come from Italy recently and had tested positive along with two of their relatives had not reported their arrival to the authorities, health officials said.

At least 733 people who had come in contact with them have been tracked, the collector said and have been placed under observation. While 18 have been admitted to isolation wards in hospital the remaining are under home surveillance.

A two-year-old child is among those under obsevation at the isolation ward, health department sources said. The tracking excercise would continue on Wednesday also.

Meanwhile, an awareness class was held for migrant workers at Pathnamthitta district this morning. However, no directions have been issued to workers fromother states to leave the state. "We are planning to give extra care to migrant workerswith labour officer visiting their colonies and as part of theawareness drive and speaking to them in a language theyunderstand," he said.

A three-year-old boy, who arrived with his parents in Kochi from Italy, tested positive on Monday, a day after three people, also with travel history from the European nation,were declared positive for the virus along with two of their relatives.

The Health Minister has said surveillance system would be stregthened with the support of ASHA workers, civic authorities and ward members and resident associations. Presently, 1,116 people are under surveillance in thestate for the corona virus, 967 in home quarantine and 149 in isolation wards of hospitals. Two 90-year-old relatives of the Pathnamthitta family, who tested positive, have been admitted to Kottayam medicalcollege hospital and their samples have been sent for testing, she said. "If they test positive for the virus, it would be highlyrisky", she had said.