Encroachment of Wakf land in Mangaluru: BJP leader’s multi-crore complex raises eyebrows

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, Mar 31: Ten persons who were under home quarantine in Bengaluru and had escaped to their native places, were arrested on Monday.
A case has been registered against them at Gurmitkal Police Station, said BH Anil Kumar, Bruhat Bengaluru Mahanagar Palike (BBMP) Commissioner.

Seven new COVID-19 cases were confirmed in Karnataka between Saturday 5 pm and Sunday 2 pm.

The total number of positive cases in the state stands at 83, out of which five have been cured and three have lost their lives, according to the Karnataka Health Department.

The Bharatiya Janata Party workers belonging to Muslim community are bewildered over the contentious Citizenship Amendment Act. A considerable number of BJP’s Muslim workers have distanced themselves from the pro-CAA meetings being organised by the party in different parts of India.

There is a deep divide within members of the BJP minority wing, with many upset and angry with the party. During its membership drive in 2018 for the minority wing, BJP had enrolled lakhs of Muslims across India.

A senior Muslim member of the saffron party in Hyderabad explained, “We are very upset. There is no one listening to us within the party. Majority of the members are introspecting on their future role in the party. Few are vocal about it. Those, who believe they still have a future in the party, have decided to keep quiet on this issue.”

This is the reason why they are not attending the pro-CAA rallies or interacting with people. If anybody approaches and questions them about CAA, they maintain they have no idea, just like the common man. A member of the BJP belonging to the minority community says they have been hurt by the decision of the government on CAA.

“Shia Muslims in Pakistan are suffering. They have been targeted in that country from time to time. The BJP patronised a large number of Shia Muslims. The Shia community in Uttar Pradesh even sided with the BJP. But what has the community got in the end? The persecuted Shia minorities in Pakistan have not got justice,” the party member from minority community lamented.

There are 400 families belonging to the Shia community in Hyderabad, who have relatives in Karachi and Quetta in Pakistan. These Shias had migrated to Pakistan from the Nizam state after its accession to India. These families were hopeful that after aligning with BJP, there would be a reprieve for them. But the stand taken by BJP has left them in lurch. The CAA provides for granting Indian citizenship only to non-Muslim minorities from Pakistan, Afghanistan and Bangladesh.

“We have been left with nothing. Shias have not been politically active in all the three countries of India, Pakistan and Bangladesh and have suffered due to this reason. There was some hope in India, but even that has been lost now,” the minority wing leader remarked.

National vice president of BJP minority cell Farid Sheikh Liaquat Ali says, “Party workers and common people are asking the same question.”

I have told them what union home minister Amit Shah has said in Parliament, that CAA is not against Indian Muslims. But people are not convinced. Every meeting or social function that I attend, I find that people are angry and upset. I have been with the BJP for 33 years and whatever I hear from the people is being conveyed to the party.”

The incident that occurred at the madarasa in Uttar Pradesh has led to a pointed question: “If this can happen to Muslims in UP, will it not repeat elsewhere?”