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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.

Bengaluru, Jan 15: The on-going process to select a new Karnataka Pradesh Congress Committee (KPCC) president is likely to drag on for few more days with former CM and opposition leader Siddaramaiah making a strong pitch for former minister MB Patil over DK Shivakumar for the post.

Siddaramaiah, who met AICC president Sonia Gandhi and other senior Congress leaders in New Delhi on Tuesday, reportedly argued in favour of Patil, saying his elevation would help the party win Lingayats to the fold.

“Yediyurappa, the undisputed leader of the Lingayat community, is almost at the end of his career and it is an opportunity for the Congress to gain the confidence of the community. Being a leader from North Karnataka, Patil fits the bill perfectly,” Siddaramaiah reportedly told Sonia.

Siddaramaiah is said to be backing Patil over Shivakumar as he is worried about losing his hold over the state unit, given Shivakumar’s popularity. While Sonia did give the former CM a patient hearing, she is said to have told him that he should obey and cooperate with whatever decision high command takes.

The high command is looking to evolve consensus on the new state president. “Sonia’s meeting with Siddaramaiah is part of this exercise. She wants to keep everybody in the loop,” said a functionary.

Siddaramaiah also met senior leaders Ahmed Patel and AK Anthony. He is expected to meet former AICC president Rahul Gandhi on Wednesday.

However, some including Mallikarjun Kharge and Shamanur Shivashankarappa have expressed reservations against Patil’s elevation, pointing to his role in the controversial separate Lingayat religion issue which dented the Congress’ prospects in the 2018 assembly polls.

“He has a very bad name among Lingayats and making him president would prove counter-productive. Moreover, it is difficult to win back Lingayats as long as Yediyurappa is active in politics,” said a senior Congress leader.

Another functionary said a majority of state functionaries — and even some in the high command — favour Shivakumar as he is not only “resourceful”, but also has momentum. “With HD Deve Gowda and HD Kumaraswamy losing popularity among Vokkaligas, the possibility of the community backing Shivakumar is high. This may land him the top job,” the functionary said.

Udupi, Jan 9: State Revenue Minister R Ashoka said on Wednesday that the state government is embarking on a novel method to ensure that social security schemes were available to the beneficiaries at their doorsteps.

Speaking after inaugurating the Mini Vidhana Soudha here, he said government will look into the Aadhaar number and income certificates to decide the eligibility of the beneficiaries. The initiative will help the poor to access welfare schemes without any hassles.

The initiative will be launched as a pilot project in Udupi district. Later, the project will extend to other districts in a phased manner. In Udupi district, 30,000 beneficiaries have been identified. The government has set aside nearly Rs 7,000 crore for social security schemes. The initiative will not only eliminate middlemen menace but will help the government save Rs 1,000 crore.