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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, Jun 15: The total number of COVID-19 cases in Karnataka reached the 7,000-mark on Sunday, with the state reporting 176 new cases and five related fatalities, taking the toll to 86.

The day also saw 312 patients getting discharged in the state after recovery while the total number of positive cases in the Udupi district alone breached 1000 cases mark.

As of June 14 evening, cumulatively 7,000 COVID-19 positive cases have been confirmed in the state, which includes 86 deaths and 3,955 discharges, the health department said in its bulletin. It said, out of 2,956 active cases, 2,940 patients are in isolation at designated hospitals and are stable, while 16 are in ICU.

The five dead include- thee from Bengaluru urban, and one each from Dakshina Kannada and Bidar. The three from Bengaluru include- two women aged 57 and 60 respectively and a man who was 50 years; while the person who died in Dakshina Kannada was a 24-year-old man.

Also, a 76-year-old man from Bidar, who died at his residence on June 6, later tested positive for COVID-19. Out of 176 new cases, 88 are returnees from other states, the majority of them from neighboring Maharashtra. While 6 are those who returned from other countries.

Among the districts where new cases were reported, Bengaluru urban accounts for 42, Yadgir 22, Udupi 21, Bidar 20, Kalaburagi 13, Dharwad 10, Ballari 8, Kolar 7, Uttara Kannada 6, five each from Mandya and Dakshina Kannada, Bagalkote 4 and Ramanagara 3. Besides, two each from Raichur and Shivamogga, and one each from Belagavi, Hassan, Vijayapura, Bengaluru rural, and Haveri.

Udupi district tops the list of positive cases, with a total of 1,026 infections, followed by Kalaburagi 896 and Yadgir 809.

Among discharges also Udupi tops the list with total of 713 discharges, followed by Kalaburagi 427 and Bengaluru urban 327. A total of 4,43,969 samples were tested so far, out of which 7,451 were tested on Sunday alone. So far 4,27,608 samples have been reported as negative, and out of the 6,835 were reported negative today.

May 6: Congress general secretary KC Venugopal on Tuesday termed as "inhumane" the government's decision to "impose excessive costs" on NRIs and expatriates for bringing them into the country from COVID-19-affected nations.

He demanded that the central government fly in the poor and vulnerable free of cost while charge the others with normal fares instead of high costs.

"The central government's decision to impose excessive costs on NRIs flying in special flights from the Covid-affected countries is an inhumane act," he said in a statement.

Venugopal said it was due to protests by a large number of expatriates and their relatives as well as the general public over the past few days that the central government took the decision to bring back Indian citizens from abroad.

"However, it is cruel that the Central government has taken advantage of this plight of expatriates by increasing the price of air fares up to three times. This is inhumane," Venugopal said in his statement.

He urged the Centre to take urgent steps to provide free travel to the most vulnerable, unemployed, sick and pregnant women and to others on normal fare.

Air India will operate 64 repatriation flights for a week from May 7 while the Navy deployed two ships as India rolled out a massive evacuation plan on Tuesday to bring back thousands of its nationals stranded abroad due to the coronavirus-triggered lockdown.

Those availing the repatriation flights will be charged, Civil Aviation Minister Hardeep Singh Puri told a virtual press conference in New Delhi. A passenger on a London-Delhi flight will be charged Rs 50,000 and on a Dhaka-Delhi flight Rs 12,000, he added.

From the Gulf countries to Malaysia and the UK to the US, the multi-agency operation christened 'Vande Bharat Mission' will see the state-owned airline operate the non-scheduled commercial flights till May 13 to ferry around 15,000 Indian nationals from 12 countries.