Pak cracks down on seminaries, health facilities run by Saeed

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.

Washington, Mar 26: Indian-American hoteliers have come forward to rescue the stranded Indian students in the US following implementation of lockdown measures in the country in response to the rapidly-spreading coronavirus pandemic, offering them free accommodation and free meals.

With the students scrambling for a roof over their heads after being asked to vacate their hostels and India banning international flights for a week from March 22 due to the coronavirus pandemic, more than 6,000 rooms in nearly 700 hotels were offered to them by Wednesday following a call from the Indian Embassy.

The Indian Embassy have been running a round-the-clock helpline since last week for the students in the US, who number over 2,50,000.

Most of these hotels offered are in and around universities and colleges, but the hotel owners from across the country have come up in large numbers to the call given by community leaders, who have roped in Asian American Hotel Owners Association (AAHOA) for the purpose.

India's Ambassador to the US Taranjit Singh Sandhu said in a tweet, "It is heartening to see that Indian; Indian-American and other hotel owners are coming forward to help people with accommodation in these testing times. Together we can overcome the fight against COVID19!"

"The Indian community has come together to help the student and many hotel owners have offered their rooms free of cost to them. Many of them are also offering free meals to these students," Chicago-based community leader Nirav Patel told PTI.

Indian-American hotelier couple K K Mehta and Chandra Mehta have offered more than 100 rooms to Indian students at their two prime properties each near the Times Square and Barclays Center in New York City, said Jaipur Foot USA chairman Prem Bhandari on behalf of the hotels.

The Indian Consulate in New York had contacted them about this 10 days ago, he said.

"These students are the future of both India and the United States. All the top Indian-American CEOs, scientists and doctors came to this country as a student. It's our moral duty to help them with our resources," Bhandari said.

Regional director of AAHOA Upper Midwest Kalpesh Joshi said they had created a master list of the availability hotel rooms, which was being constantly updated.

Free accommodation would be allocated in coordination with the Indian Embassy and its consulates, he said.

"The Indian Embassy and its consulates are working tirelessly to get these students rooms," he added.

Joshi has also sent out a video message to his hotelier colleagues: "Because of the coronavirus outbreak, our Indian students in the US are out of shelter. Let's work together. As a hotelier, I would like to request all my hotelier friends to come forward... let's provide some rooms to the students."

Boston-based Computer Society of India (North America) has collaborated with AAHOA to help students and Indian IT professionals searching for emergency accommodation due to the COVID-19 lockdown.

Anyone who is having financial hardship will be given hotel accommodation either free of cost or the rates will not be more than USD 50, said the Computer Society of India (North America).

Minesh Patel, the chairman of Virginia Asian American Store Association, said between Richmond, Norfolk, and Virginia Beach, Indian-American hotel owners can help in arranging accommodation for over 500 Indian students.

Florida-based Vipul Patel, the national president of Asian American Store Owners Association, said support for the Indian students have been pouring in from the Indian-American hoteliers.

"I have not come across any hotel owner who said no to us," Patel said.

Rooms would be allocated to students on the recommendation of the Indian Embassy and its consulates in Houston, Chicago, Atlanta, San Francisco and New York.

The Indian Consulate in New York was the first to take a lead in this regard. It has worked with Hammock Worldwide Hotels and Resorts to provide temporary accommodation for the students at a flat rate of USD 50 per night.

Joshi said that initially there was a suggestion to charge a convenience fee of USD 20-25 per day from the students.

"But when a few of them offered free rooms and free meals, everyone agreed to it," he said.

According to Johns Hopkins University coronavirus tracker, the number of deaths caused by the novel coronavirus in the US rose to 1,031 with 68,572 confirmed cases. The US has the third highest number of confirmed cases behind China and Italy.

Tehran, Feb 28: The coronavirus epidemic in Iran has cost 26 lives, the health ministry announced Thursday, with a vice president becoming the latest top official to be infected as the spread appeared to accelerate.

Health ministry spokesman Kianoush Jahanpour told a news conference that the tally of infections had risen to 245 with 106 more cases confirmed -- the highest number for a single day since Iran announced its first infections on February 19.

The Islamic republic has the highest death toll from the virus outside China, where COVID-19 first emerged.

Among the latest coronavirus sufferers is one of Iran's seven vice presidents, Massoumeh Ebtekar, who oversees women's affairs.

Ebtekar, a former spokeswoman for students who took 52 Americans hostage at the US embassy in Tehran in 1979, is being treated at home and members of her team have been tested, state news agency IRNA reported.

Mojtaba Zolnour, head of parliament's national security and foreign affairs committee, also contracted the virus, appearing in a video posted by Fars news agency saying he was in self-quarantine.

The cleric is a deputy for the Shiite holy city of Qom in central Iran where the country's first cases were detected.

According to media reports, among the deceased in Qom on Thursday was theologian Hadi Khroroshahi, who in 1981 was named Iran's first ambassador to the Vatican.

The announcement by Zolnour comes two days after another top official, deputy health minister Iraj Harirchi, head of the government's coronavirus task force, said he too had contracted the virus.

On Wednesday, Iranian authorities announced domestic travel restrictions for people with confirmed or suspected infections.

They also placed curbs on access to major Shiite pilgrimage sites, including the Imam Reza shrine in second city Mashhad and the Fatima Masumeh shrine in Qom.

Visitors to the shrines will be allowed to visit on condition they are provided "with hand-washing liquids, proper (health) information, masks", Health Minister Saeed Namaki said.

They must "not gather together in groups but just pray and leave", he said.

In a rare move, authorities announced the cancellation of the main Friday weekly prayers in Tehran, Qom and Mashhad as well as in the capitals of 22 of Iran's 31 provinces and other infected areas.

"All of these decisions are temporary and if the situation changes, we might intensify or ease them," Namaki said.