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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, May 29: Union Home Minister Amit Shah on Friday met Prime Minister Narendra Modi and informed him about the views of all chief ministers on the extension of the ongoing nationwide lockdown beyond May 31, officials said.

During the meeting, Shah briefed Modi about the suggestions and the feedback he received from the chief ministers during his telephonic conversations on Thursday, a government official said.

The nationwide curbs were first announced by Prime Minister Narendra Modi on March 24 for 21 days in a bid to contain the spread of novel coronavirus. It was first extended till May 3 and then again till May 17. The lockdown was further extended till May 31.

The home minister's telephonic conversations with the chief ministers came just three days before the end of the fourth phase of the lockdown.

During his talks with the chief ministers, Shah sought to know the areas of concern of the states and the sectors they want to open up further from June 1, the official said.

Interestingly, till now, it was Modi who had interacted with all chief ministers through video conference before the extension of each phase of the coronavirus-induced lockdown and sought their views.

This was for the first time that the home minister spoke to the chief ministers individually before the end of another phase of the lockdown.

Shah was present in all the conferences of chief ministers along with the prime minister. It is understood that the majority of the chief ministers wanted the lockdown to continue in some form but also favoured opening up of the economic activities and gradual return of the normal life, another official said.

The central government is expected to announce its decision on the lockdown within the next two days.

The number of COVID-19 cases in India has climbed to 1,65,799 on Friday, making it the world's ninth worst-hit country by the coronavirus pandemic.

The Health Ministry said the death toll due to COVID-19 rose to 4,706 in the country. While extending the fourth phase of the lockdown till May 31, the central government had announced the continuation of the prohibition on the opening of schools, colleges and malls but allowed the opening of shops and markets.

It said hotels, restaurants, cinema halls, malls, swimming pools, gyms will remain shut even as all social, political, religious functions, and places of worship will remain closed till May 31.

The government, however, allowed limited operations of the train and domestic flights. The Indian Railways is also running special trains since May 1 for transportation of migrant workers from different parts of the country to their native states.

Thiruvananthapuram, May 12: Kerala Government on Tuesday issued modified guidelines for infrastructure arrangements and procedures to be followed to ensure smooth interstate movement of stranded persons during the lockdown.

"Necessary permission, if any, required from the State where you are presently located need to be taken for ensuring a smooth journey till Kerala border," read the order by the state government.

It has also made it clear that people will only be allowed to travel if they have the permit from the state government and local authorities.

"You are requested to start the journey only after receiving the travel permit from the Government of Kerala and the local authority of your present location to avoid any problem during travel. Those who reach at the check post without passes will not be allowed entry," it further read.

The orders by the government further read:

*To maintain social distancing norms, only 4 persons will be permitted to travel in a car, 5 in an SUV, 10 in a van and 25 in a bus. The maximum number of passengers in a van /bus will be half of the seating capacity).

*Keep sanitiser, use masks and maintain physical distancing throughout the journey.

*An exit and entry pass/passes shall be issued by the District Collectors to those persons who seek to go outside states to bring back their stranded child/ children, spouse and parent/s.

*Everybody including those coming from red zones shall remain under home quarantine for 14 days from the date of arrival.

*Only priority groups and persons will be allowed entry passes:

a) Those from neighbouring states seeking Medical aid in Kerala

b) Pregnant ladies with family

c) Family members including children separated due to lockdown

d) Students

e) Senior citizens with family members

f) Persons who had lost a job.

The guidelines further added that all luggage must be disinfected and temperature checks must be carried out with Infrared flash thermometer among other things.