‘The more you try to divide us, the stronger and united we’ll be’: Record turnout in Mangaluru’s anti-NRC protest

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.

New Delhi, Jul 16: India’s Covid-19 tally on Thursday jumped to 968,876 after the country reported highest-ever single-day spike in coronavirus cases registering 32,695 new infections in the last 24 hours. According to the government data, India’s Covid-19 death toll stands at 24,915 after 606 fresh fatalities were reported in the last 24 hours.

The number of recovered patients in India stands at 612,814. On Wednesday, the government said that a record 20,572 patients recuperated from Covid-19 disease in the last 24 hours (between Tuesday and Wednesday), taking the country’s recovery rate to 63.24 percent.

While the Covid-19 tally runs in lakhs in states like Maharashtra, Delhi and Tamil Nadu, other states have been reporting a surge in coronavirus infections. Karnataka has reported over 47,000 coronavirus cases till date but its active cases are more that of Delhi. It has overtaken Gujarat as the fourth worst-hit state in the country. Gujarat’s Covid-19 tally stands at 44,552.

Here’s taking a look at the Covid-19 situation across worst-affected states:

Maharashtra

The state Covid-19 tally jumped to 275,640 on Thursday. As many as 152,613 people have recovered from coronavirus in Maharashtra while 10,928 have died.

Tamil Nadu

With 151,820 coronavirus cases, Tamil Nadu is the state with second-highest coronavirus cases in the country and has witnessed 2,167 coronavirus fatalities. The number of patients who have recovered from coronavirus in the state stands at 102,310.

Delhi

The national capital is the third worst-hit in India with coronavirus cases jumping to 116,993 on Thursday. As many as 95,699 patients have recovered from Covid-19 in the national capital while 3,487 have succumbed to the infection.

Karnataka

The South Indian state has witnessed 47,253 coronavirus cases till date and is now the fourth worst-affected in the country. While 928 have lost their lives to the deadly contagion in the state. Nearly 18,466 patients have recovered from the disease in Karnataka.

Gujarat

Gujarat has seen Covid-19 cases reach 44,552 on Thursday. The state has seen 31,286 people recover from coronavirus while 2,079 people have died.

Uttar Pradesh

The Covid-19 tally in Uttar Pradesh has jumped to 41,383 while the number of recoveries has touched 25,743. The state’s death toll has crossed 1,000.

Telangana

The state’s Covid-19 tally stands at 39,342 coronavirus cases. While 25,999 people have recovered from the disease, the Covid-19 death toll has jumped to 386 in the state.

Andhra Pradesh

The state has reported 35,451 Covid-19 patients till date. While 18,378 people have recovered from the virus across the state, the death toll stands at 452.

West Bengal

As many as 34,427 people have contracted Covid-19 in West Bengal till date. The state has seen 20,680 recover from coronavirus while 1,000 people have been killed.

Rajasthan

The state has reported 26,437 Covid-19 cases till date. Covid-19 death toll in Rajasthan stands at 530 while 19,502 patients have recovered.

Mangaluru, Feb 18: Customs at International Airport here have seized Rs 58.95 lakh worth gold in two incidents and arrested two smugglers, Customs Commissionerate said on Monday.

According to the department, two men have been arrested by the customs officials in two separate incidents last evening for attempting to smuggle gold into the country valuing over Rs. 58.95 Lakhs.

In the first incident, Muhammed Swalih Chappathodi, 22, hailing from Malappuram, Kerala who arrived from Dubai by Spice jet flight concealed capsules containing gold in paste form inside his rectum which upon purification resulted in the recovery of 797 gm of 24 karats valued at Rs.32,35,820.