Hinduism allows Hadiya’s father to kill her and go to jail: Saffron leader

Bengaluru, Mar 24: Eight new positive coronavirus cases were confirmed in Karnataka on Tuesday, taking the tally to 41 in the state, the health department said.

"Till date 41 COVID-19 positive cases have been confirmed in the state which includes one death and 3 discharged," the department said.

According the department bulletin, 37 positive patients are in isolation at designated hospitals and their condition is stable.

Of the 41 confirmed cases, six are transit passengers hailing from Kerala who have landed in airports and being treated in Karnataka.

Among the eight passengers confirmed on Tuesday also three men and a woman are from Kasaragod in Kerala with a history of travel to Dubai and Saudi Arabia respectively.

All the four had landed in Mangaluru, where they are being treated.

The others are: two men, aged 40 and 65, from Uttara Kannada district in Karnataka with travel history to Dubai;

a 56-year-old woman, a resident of Chikkaballapura district, who is a family member and co-passenger of person who tested postive with travel history to Mecca, and a 56-year-old woman, resident of Bengaluru, a contact of another person who has tested positive for the virus,

Among the 41 cases, 24 has been reported from Bengaluru, five from Dakshina Kannada, three each from Kalaburgai and Chikkaballapura, two each from Mysuru and Uttara Kannada, and one each from Kodagu and Dharwad.

All the three discharged patients are from Bengaluru, while one death was reported in Kalaburagi earlier this month, which was the country's first COVID-19 related death.

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.

Chikkamgaluru, Feb 21: Wazi Noronha, aka, Vojald, the father of Amulya Leona Noronha, who lives in Koppa taluk of Chickmagalur district has said that he was shocked by his daughter’s pro-Pakistan slogans.

“Let her rot in jail. I don’t mind if police break her bones, I don’t support what she said and I will not approach lawyers for her bail. She has committed a grave mistake,” he said.

Amulya, a 19-year-old student activist, was booked for sedition yesterday after she raised ‘Long Live Pakistan’ slogans at a CAA-NRC rally. A visibly embarrassed Asaduddin Owaisi, AIMIM chief and MP tried to snatch the mic away from her and slammed her. Karnataka Police have registered a case under IPC Section 124A (Offence of sedition) against Amulya.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi also admitted that he was associated with BJP and had worked for saffronite leaders like Shobha Karandlaje and D N Jeevaraj.