Govt releases list of 9500 high-risk financial companies including Adani

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, Apr 28: Former Karnataka chief minister Siddaramaiah on Tuesday suggested that the government can allow sale of liquor in green zones. 

“Merely because there is an economic slowdown in the state, I don’t recommend that alcohol should be allowed to be sold. But, wherever there are green districts, they can open (liquor sale) with certain restrictions, I think,” Siddaramaiah, the leader of the Opposition, told reporters. 

There are 14 districts in the state that are categorised as green because they do not have any active COVID-19 cases. The green districts are: Yadgir, Raichur, Koppal, Haveri, Davangere, Shivamogga, Chitradurga, Udupi, Chikmagalur, Hassan, Kodagu, Chamarajanagar, Ramanagara and Kolar.

There is tremendous pressure on the B S Yediyurappa administration to revive the economy as the lockdown has dried up all revenue sources. Excise, alone, accounts for 18 per cent of Karnataka’s own tax revenue. 

The Excise department recently suggested allowing regulated sale of liquor through the state-run MSIL outlets. The government, however, did not approve it fearing crowding and backlash from the Centre.

Bengaluru, Mar 27: Oncologist Dr. Vishal Rao, HCG Hospital Bengaluru on Friday said that human body cells release interferon chemical to kill viruses but it cannot be released by cells in the case of COVID-19 cases, leading to weak immune system. However, a therapy of specific concoction could be useful in treating COVID-19 patients.

"We got hold of some preprint suggesting that interferon is effective in COVID19," said Rao.

Speaking to news agency, he continued saying "When we withdraw blood for regular check-ups, we get buffy coat which can be used to take out cells and form interferon. These two chemicals and some other cytokines, in a specific concoction, could be potentially very useful in treating COVID-19 patients."

Rao said that they have built a concoction of cytokines which can be injected to reactivate immune system in COVID-19 patients.

"We are in a very initial stage and hope to be ready with its first set by this weekend. We have applied to the governement for an expedited review. We have also presented this before the state government" said Rao.

"We have a team of infection specialist, ICU team and other...all of us have worked together to build something that we believe. We want to serve the society at this hour of need," he added.

Dr Rao clarified that this is not a vaccine and this particular interferon therapy does not help to prevent the infection of COVID-19. However, this is focused and targeted towards COVID-19 positive patients or those who have just incubated the virus.

"We believe that in early stages as well as the patients who have just incubated, this particular therapy of interferon gama and other concoction of cytokines could be an effective method. In the late stages we are looking at specific dosage of the cells which are our own body cells which can actually be affective and could also be of use for the ventilator patients," he added.

Meanwhile, Dr Gururaj, Immunologist and Scientist told ANI that they are trying to cover two aspects, one is the early stage patients where they are trying to improve their immune systems.

"As Dr Vishal said, we are trying to see whether we can use the cytokines from our own immune cells which is a natural process but it is hampered in infected patients," said Dr Gururaj.

"In the last phase we are using cells which are used from the bone marrow of the patient or donors. We can use those cells to reduce the inflation and so called cytokines release syndrome which is basically the inflammatory response of the body," he added.