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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.

Feb 28: For 30-year-old Shabana Parveen, it was nothing sort of a miracle — giving birth to a healthy baby boy after surviving a brutal attack by a mob who kicked and assaulted her and her husband in northeast Delhi's Karawal Nagar.

Their home set afire by the mob, Ms Parveen's family is now pinning their hopes on the newborn who they called a "miracle baby".

Ms Parveen, her husband, two kids and mother-in-law were sleeping inside the house on Monday night when a mob barged into their house.

Narrating their ordeal, Ms Parveen's mother-in-law Nashima told PTI, "They hurled religious slurs, beat up my son. Some of them even kicked my daughter-in-law in the abdomen...as I went to protect her they came charging at me... We thought we would not survive that night. But with God's grace we somehow managed to escape from the clutches of the rioters."

"We rushed Parveen to a nearby hospital but doctors there asked us to go to Al-hind Hospital where she delivered a baby boy on Wednesday," she added.

Despite having lost their home for over two decades and all belongings, her family has overcome the initial shock and are now overjoyed with the birth of the "miracle baby".

Ms Nashima said she had no clue where the family would go after Ms Parveen was discharged from the hospital.

"It's all gone there. Nothing left. Maybe, we will go to some relative's place and see how we can re-build our life," she said.

Ali, 6, who held his one-day-old brother, caressing his forehead, said, "I will take care of him forever and save him from every ill."

The violence over the amended citizenship law in northeast Delhi has claimed 38 lives so far and left over 200 people injured. Frenzied mobs torched houses, shops, vehicles, a petrol pump and pelted stones at locals and police personnel.

Jaffrabad, Maujpur, Babarpur, Yamuna Vihar, Bhajanpura, Chand Bagh and Shiv Vihar are among the areas mainly affected by the clashes.

New Delhi, Jun 22: India's COVID-19 cases per lakh people is one of the lowest in the world despite its high population density, and the recovery rate has now reached almost 56 per cent, the Union Health Ministry said on Monday.

For every one lakh population, there are 30.04 coronavirus cases in India, while the global average is over three times at 114.67, the ministry said, referring to the WHO Situation Report 153, dated June 21.

“This low figure is thus a testimony to the graded, pre-emptive and pro-active approach the Government of India along with the states and UTs took for prevention, containment and management of COVID-19," the ministry said in a statement.

Citing the WHO Situation Report, the ministry said the US has 671.24 cases per lakh population, while Germany, Spain, Brazil and the UK have 583.88, 526.22, 489.42 and 448.86 cases per lakh population, respectively.

It said Russia has 400.82 cases per lakh people, while Italy, Canada, Iran and Turkey have 393.52, 268.98, 242.82 and 223.53, respectively.

Coming back to India, as on Monday morning, the total number of coronavirus cases stood at 4,25,282 and the death toll at 13,699, according to figures issued by the ministry.

In its update issued at 8 AM Monday, the ministry said 9,440 COVID-19 patients recovered in the last 24 hours, taking the total number of recoveries to 2,37,195, a recovery rate of 55.77 per cent.

Presently, there are 1,74,387 active cases and all are under medical supervision, it said.

"The difference between the recovered patients and the active COVID-19 cases continues to widen. Today, the number of recovered patients has crossed the number of active patients by 62,808," the ministry said.

The COVID-19 testing infrastructure is continuously being ramped up and number of government labs has been increased to 723 and the private labs to 262, adding up to a total of 985, it said.

According to the Indian Council of Medical Research, a total of 69,50,493 samples have been tested up to 21 June, 1,43,267 of them just on Sunday.

On Monday, the country added 14,821 new COVID-19 cases in a single day, pushing the tally to 4,25,282, while the death toll rose to 13,699 with 445 new fatalities reported till 8 am.

The country breached the four lakh-mark on Sunday, eight days after crossing three lakh COVID-19 cases. It has recorded 2,34,747 infections since June 1.

Monday was the 11th day in a row when the country registered over 10,000 cases.