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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, Jan 20: Security has been beefed up at airports across the country after a suspicious bag was found at the Mangaluru airport on Monday.

According to Central Industrial Security Force (CISF), which guards the airports in the country, a man was captured in the CCTV dropping the bag inside Mangaluru airport.

According to the CISF DIG Anil Pandey, traces of improvised explosive device (IED) have been found from the bag.

"According to CCTV footage, a suspect kept the bag at Mangaluru airport and was then seen leaving in auto while concealing his face. The suspected object was detected timely and local bomb disposal team is working on its disposal," DIG Pandey told media.

"We have found traces of IED from a bag lying at a ticket counter in Mangaluru airport, we have safely evacuated it," DIG Pandey told media.

According to sources, initial investigations have revealed that the bag contained some type of black powder.

"Initial investigation has revealed that the bag contained a black powder which seems to be explosive, though it is yet to be cleared what kind of explosive it is," sources claimed.

"After we found the suspicious bag at Mangaluru airport, a security drill has been initiated at all the airports and CISF staff have been asked to beef up security," DIG Pandey said.

Also Read: IED recovered from Mangaluru Airport defused safely; 3 teams formed to nab suspect: Top cop

Bengaluru, May 2: Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar has urged Chief Minister BS Yediyurappa to help the farmers in sending their produce to a market here amid the coronavirus lockdown.

The Congress leader made the appeal to the Chief Minister after listening to the farmers' issues while visiting KR Puram market on Friday.

Farmers told Shivakumar that the police are stopping their vehicles going towards the market despite the order passed by the Centre permitting the movement of vehicles carrying essential commodities during the lockdown.

"I have received calls from more than 100 farmers in the past few days. Every day, farmers from Kolar, Chikballapur, Malur and many other places come to KR Puram market to sell their agricultural goods, but their vehicles are stopped by the police. The cops do not allow them to sell fruits and vegetables. I request the Chief Minister to look into the matter and help the farmers," Shivakumar told reporters.

"I got to know that more than 50 vehicles were sent back. This government is of no use if they cannot secure the interests of the farmers. This government is not providing required support to the farmers," he added.

The Congress leader was accompanied by MLC Narayana Swamy and former president of Hoskote Authority Narayana Gowda during the visit to KR Puram market.