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.
Comments
Islam is not a religion to add membership to show the population.
It is a true religion to practice guidelines of only one creator Allah (S.B.T). Accepting and quitting Islam will not make any difference for true Muslims. One who understands his creator will not reject his religion even if he dies because his life starts after death which is unlimited. The life in earth is so short that we can compare to hotel stay for a day.
Rejecting Islam means he is rejecting his creator Al Mighty Allah and it doesn’t mean he is quitting from Islam
Islam is the second largest religion in the world only in Qty. where is true Muslim? very few in qty
Accepting Islam doesn’t mean becoming membership in Islam. It is accepting his creator and his guidelines to practice successful and peaceful life and thereby prepare for his permanent life which starts after his death.
For true Muslims there is no fear to die. because he is always prepared and waiting for his death
May Almighty Allah guide us True path and success.
This is really unfortunate. He has chnged in religion only to get the verdict in his favor. Suppose he wont get it, will he convert to Christianity or Budhism or Sikhism? Will the media give same preference in case he would have changed to religion other than Hinduism or if any Hindu converted to another religion. This issue is now on the top agenda of Media and they are publishing it by applying ghee + butter. None knows truth behind it. However this family will not succeed in this world and the life after death if they convert to other religion though none can force them to change the religion. Islam or Muslims will not lose anything if this family converts to another religion. But this family will lose and they will realise it sooner or later. Let us pray God to keep them on right path and not on the path of Sathan.
he would have converted to christinaty so he can get international help from devil DOnald trump or vatican pope, lol religion is your choice, but the main point here the god look at is your heart, how you treat mankind & how you obey GOD command, how to spend you money & how you live..people who worship idol will be throwen to hell forever there is no excuse and the punishment is very severe, if your an eithest there will be a change & it depend on GOD & also how you lived in earth.
The religion is set of law decreed by the CREATOR/ ONE AND ONLY GOD.
It guides from birth till death and showing how to be also succesful in the life after the death.
This is not how we think just to suite the temporary needs.
Before accepting or rejecting any religion, he should have thorough idea of its teachings.
Unless it is known, believed in it and practiced, we can not call him the follower of Hinduism OR ISLAM, OR Christianity OR whatever.
Like changing for personal temporary gains, has no meaning and not required they can live like aninals which have no religions.
The animals follow and do whatever easy for them.
God give wisdom to all
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