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.
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Ella sahodarammarkk oru advise, nanga nanga penagitt nangalo onnamatho dushman BJP gellum pole aakiranda, please please ninga ellarum onnaitt genduro chance ullo nangalo oru candidate barumpole aakonu, nangalo raya innoru UP do pole aakiranda
Brother,
Being in respectable position as a minister, he should have thought twice before making a statement. If somebody scribbles against him or speaks against him in social media like Fb and whatsapp let him file a case against them. Or let him condemn them. ಇವರನ್ನು ಟೀಕಿಸಿದವರೆಲ್ಲ ಢೋಂಗಿ ಮಾಡಿ ಗಲ್ಫ್ ಗೆ ಹೋದವರಾ? . ಧಾರ್ಮಿಕ ಕಾರ್ಯಕ್ರಮದಲ್ಲಿ ಮಾತನಾಡುವಾಗ ಸ್ವಲ್ಪ ಚಿಂತಿಸಿ ಮಾತನಾಡಿದರೆ ಅವರ ಘನತೆಗೆ ಒಳ್ಳೆಯದು.
In next election, people will decide who is the best loafer and teach him a good lesson. #Ashrafbhai Nxt Mla #UTK Koragajjana gudige
UT Khader Saab. Most of the NRIs from your region know very well that some of your opponents are not just loafers but are ugliest creatures and communal goons. But you don’t lose cool and respond to them in public. Let them go to hell. We are with you. You are a role model for many. So kindly don’t react to the loafers in their own language.
My humble request to UTK is to ignore the cheap level criticism by communal goons. Be it Bajrangis or SDPI. They really don’t deserve the attention of a great social worker and politician like UTK.
UT Khader has not twisted his statement. He never said that all NRIs are Dongi Maadi Gulf ge hodavaru. He said that Dongi Maddi gulf ge hodavaru trying to teach him how to live. And he doesn’t care them. That’s true. Nirva Modi and Vijay Malya also included in dongi parties.
ಯು. ಟಿ ಖಾದರ್ ಓರ್ವ ಶಾಸಕ ಹಾಗೂ ಸಚಿವ ಎಂಬ ಕಾರಣಕ್ಕಾಗಿ ಅವರನ್ನು ಎಲ್ಲಾ ಜಾತಿ, ಮತ, ಧರ್ಮ ಪಂಗಡದವರು ಅವರವರ ಧಾರ್ಮಿಕ ಕಾರ್ಯಕ್ರಮಗಳಿಗೆ ಆಹ್ವಾನಿಸುತ್ತಾರೆ. ಜನ ಪ್ರತಿನಿಧಿ ಎಂಬ ನೆಲೆಯಲ್ಲಿ ಖಾದರ್‌ರವರು ದೇವಸ್ಥಾನ, ದೈವಸ್ಥಾನ, ಚರ್ಚು, ಮಸೀದಿ, ಉರೂಸ್, ಸುನ್ನಿ, ಎಪಿ, ಈಕೆ, ಸಲಫಿ, ಜಮಾತೆ ಇಸ್ಲಾಂ ಎಂಬ ಬೇಧ ಬಾವ ಇಲ್ಲದೆ ಭಾಗವಹಿಸುತ್ತಾರೆ. ಅವರವರ ನಂಬಿಕೆಗಳನ್ನು ಗೌರವಿಸುತ್ತಾರೆ. ಅಂತೆಯೇ ಕೆಲ ದಿನಗಳ ಹಿಂದೆ ತಮ್ಮ ಕ್ಷೇತ್ರದ ಕೊರಗಜ್ಜ ಕಾರ್ಯಕ್ರಮದಲ್ಲೂ ಭಾಗವಹಿಸಿದ್ದರು. ಪ್ರತೀ ವರ್ಷವೂ ಅವರು ಆಹ್ವಾನಿಸುತ್ತಾರೆ ಮತ್ತು ಖಾದರ್ ಭಾಗವಹಿಸಿತ್ತಾರೆ ಇದನ್ನೇ ನೆಪವಾಗಿಸಿಕೊಂಡು ಕೆಲವರು ವಿದೇಶದಿಂದ ಸಾಮಾಜಿಕ ಜಾಲತಾಣದ ಮೂಲಕ ನಿರಂತರ ಖಾದರ್‌ರವರನ್ನು ಅತ್ಯಂತ ಹೀನಾಯವಾಗಿ ಹಿಯ್ಯಾಳಿಸಲು ತೊಡಗುತ್ತಾರೆ. ಸಾಮಾಜಿಕ ಜಾಲತಾಣದಲ್ಲಿ ಸಕ್ರಿಯರಾಗಿರುವವರು ಅದನ್ನು ಗಮನಿಸಿರಬಹುದು. ಖಾದರ್‌ರವರನ್ನು ಹಿಯ್ಯಾಳಿಸಲು ಅವರು ಬಳಸುತ್ತಿದ್ದ ಶಬ್ದ ಮತ್ತು ಭಾಷೆ ಯಾರನ್ನೂ ಒಮ್ಮೆ ರೊಚ್ಚಿಗೆಬ್ಬಿಸುವಷ್ಟು ಕೆಟ್ಟದ್ದಾಗಿರುತಿತ್ತು. ಅದಕ್ಕೆ ಪ್ರತಿಕ್ರಿಯೆಯಾಗಿ ಬರುತ್ತಿದ್ದ ಬರಹಗಳೂ ಅಷ್ಟೇ ಪ್ರಚೋದನಾತ್ಮಕ ವಾಗಿರಿತ್ತಿತ್ತು.
ಈ ಎಲ್ಲಾ ವಿಚಾರವನ್ನು ಉಲ್ಲೇಖಿಸುತ್ತಾ, ಅವರಿಗೇ ಸಂಬಂಧಿಸಿ ಉರೂಸ್ ಸಮಾರಂಭದ ವೇದಿಕೆಯಲ್ಲಿ ಖಾದರ್‌ರವರು... "ಊರಲ್ಲಿ ಮೋಸಮಾಡಿ ವಿದೇಶಕ್ಕೆ ಹೋಗಿ ಕುಳಿತು ನನಗೆ ಬುದ್ದಿ ಹೇಳುತ್ತಿದ್ದಾರೆ. ನಾನು ಎಲ್ಲಾ ಕಡೆ ಹೋಗಿದ್ದೇನೆ, ಹೋಗುತ್ತೇನೆ .. ನಾನು ತಪ್ಪಿದರೆ ನನ್ನನ್ನು ತಿದ್ದಲು ಉಲೆಮಾಗಳಿದ್ದಾರೆ. ಈ ಲೋಫರ್ ಗಳಿಂದ ನಾನು ಪಾಠ ಕಲಿಯುವ ಅಗತ್ಯವಿಲ್ಲ...." ಎಂದು
ಹೇಳಿದ್ದಾರೆ.
ಈ ವಿಡಿಯೋದ ತುಣುಕನ್ನು ವೈರಲ್ ಮಾಡಿ ವಿದೇಶದಲ್ಲಿರುವ ಎಲ್ಲಾ ಪ್ರವಾಸಿಗಳನ್ನು ಖಾದರ್ ಅವಮಾನ ಮಾಡಿದ್ದಾರೆ ಎಂದು ಬಿಂಬಿಸಲು ಪ್ರಯತ್ನಿಸುತ್ತಿರುವುದನ್ನು ನಾವು ಕಾಣುತ್ತಿದ್ದೇವೆ. ಈಗಲು ಕೆಲವರು ಖಾದರ್ ವಿರುಧ್ಧದ ತಮ್ಮ ಬರಹ ಹಾಗೂ ವಾಯ್ಸ್ ಮೆಸ್ಸೇಜುಗಳಲ್ಲಿ ತೀರಾ ಕೆಟ್ಟ ಶಬ್ಧ ಭಾಷೆ ಬಳಸುತ್ತಿದ್ದಾರೆ. ಸಾಮಾಜಿಕ ಜಾಲತಾಣಗಳಲ್ಲಿ ಸಾರ್ವಜನಿಕ ಮರ್ಯಾದೆಯನ್ನು ಮೀರಿ ನಡೆಯುತ್ತಿರು ಖಾದರ್ ಪರ ವಿರೋಧ ಚರ್ಚೆಗಳು ಸಮುದಾಯದ ಮಾನ ಹರಾಜು ಹಾಕುತ್ತಿದೆ ಇದು ಇಲ್ಲಿಗೇ ನಿಲ್ಲಲಿ ಎಂಬುದು ಎಲ್ಲಾ ಪ್ರಜ್ಞಾವಂತ ಮುಸ್ಲಿಮರ ಅಪೇಕ್ಷೆ.
UTK has insulted innocent loafers by calling communal goons as loafers
Mr. U T Khader,
Please do not twist your statement. You clearly made a statement " Dongi maadi gulfge hodavaru". Even i was a huge admirer of you till date for your simple nature and work which you have done during your tenure as a minister and MLA. But that one statement has made a big difference. I watched the video 2 to 3 times to check about the background. You were referring to a group which conducts meeting in hills(gudde) under torch light. But hope you remember that same group was in your favor when you first contested for bye-election after your father's demise. My request is not to have over confidence, which may result in ego and ultimately result in losing. So many egoistic emperors in the world have lost their empire and power. Therefore, you are not a match at all. If you want to condemn a particular group or party, name it and condemn it in specific & do not make generalized statement. Your statement of "DONGI MAADI GULFGE HOGIDDU" has hurt the sentiments of NRI community who have come here away from their families to earn a livelihood.
Kindly take your time to tender an apology for your words. May Almighty Allah bless you with good health and strength to serve the society and community in a better way.
I think in this state election only one thing will happen for sure "Ibbara Jagala Muraneyavanige Laaba"...
Last year Sangh Parivar leaders were hurt when UT Khader said those who oppose constitution should be hit with slipper. This clearly proved that they oppose constitution. Now some SDPI leaders are hurt when UT Khader said that he wants to learn lesson from Ulema and not from loafer or a person who avoids work and spends time doing useless things. This also proved who are loafers.
“Loafer” is not an abusive or derogatory word. “Communal” is more abusive and insulting word compared to “Loafer”.
Election won't decide anyone's fate. Fate will be decided by the Creator. Our prayers are with self-less politicans like UT Khader.
Feel very sad to see some fringe groups unnecessarily pulling the legs of an honest politician in the name of religion. When I embraced Islam several years ago Muslims used to spend time by fighting each other on religious matters and absurd rituals like Urus, Maulid, ratheeb etc. Now Muslims are fighting with each other by forming political parties. When these Muslims will learn lessons? When they realise their responsibilities? When they stop petty politics?
First of all loafer is not an abusive word. It just means an idle person or a ‘poli huduga’ in Kannada. But the uneducated loafers do not know the meaning of loafer i think. That’s why they making it a big issue.
Dikkara ninage Mr Khader
Bara barutha raayara kudure katthe yaayithu.....
Khader bhai... muslim community had very good hope on you & supported you on full extent... But you are going towards normal politician behind money & seat.... SUPPORT doesnt mean that only to muslims... A true leader will treat all community fair & equally... which congress & other party leaders couldnt do... Instead you are blaming our muslim brothers without having basic knowledge.... Politician doesnt understand normal person way of living that how they spend daily life & how much efforts they are taking to fulfill their family needs...
In sha allah your fate will be decided in this election..
Let the Election results tell who are loafers and cheaters In sha Allah.
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