Mangaluru witnesses another murder: Target Gang Ilyas on bail hacked to 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.

New Delhi, Jul 21: A 42-year-old contractual doctor, who was working with Delhi government's National Health Mission, passed away yesterday due to covid-19.

Dr Javed Ali had been on the frontline in the fight against the highly contagious illness since March. He tested positive for coronavirus on June 24 and was hospitalised for treatment over the next three weeks.

For the last 10 days, he was on a ventilator. Yesterday morning, Dr Ali breathed his last at the AIIMS trauma centre. He is survived by his wife and two children - a six-year-old son and a 12-year-old daughter.

"I am proud of my husband. He kept working till the end and he is a martyr. He did not take even one day off since March. He worked even on Eid," Dr Heena Kausar, his wife, told media persons.

The cost for the initial treatment at the private hospital was also borne by the family. "No treatment cost was covered when he was at a private hospital initially. We spent around Rs 6 lakh from our own pockets," she said.

Bengaluru, Feb 25: A smooth-talking ‘swamiji’ has come under police radar after a widow lodged a complaint stating he cheated her of over Rs 27 crore and three kgs of gold between 2016 and 2019.

The woman, Geetha of Ramamurthynagar, was staying with her three sons after her husband, a landlord, died in 2009. Her family owned several sites in Tavarekere and other parts of the city, apart from a farm near Bethamangala in Kolar district.

Geetha, who had got into property disputes with her relatives, said she was introduced to the accused, Nagaraj C of Bangarapet, who claimed to possess powers to ward off evil spirits, by one of her farm labourers. “I was assured that all my problems would be solved. He came to my house and claimed he had been sent by god and would find solutions to all my problems,” she stated.

Nagaraj allegedly pretended to be possessed by spirits and directed her to give him gold bars. Geetha ended up giving three kgs of gold in the process. Later, he began directing her to sell a few properties stating these were the root cause of her problems. “I sold many properties and pledged a few residential sites. He took Rs 22.5 crore that came from selling properties, apart from Rs 5 crore cash from my husband’s savings,” she stated.

She said Nagaraj took the money from her on the promise of buying alternative properties. “When I demanded he return all my money, he threatened to kill me and my kids using evil spirits,” she alleged.

Police have registered a case of cheating, criminal conspiracy, criminal intimidation under various IPC sections and Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill, 2017, against Nagaraj and others.