Rahul contest: Security beefed up in Wayanad due to Maoist threat

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.

Jan 17: India's "high power" communication satellite GSAT-30 was successfully launched in the early hours of January 17, the Indian Space Research Organisation (ISRO) said.

The satellite, aimed at providing high-quality television, telecommunications and broadcasting services, was launched onboard Ariane 5 rocket from French Guiana.

Blasting off from the Ariane Launch Complex in Kourou, a French territory located in northeastern coast of South America at 2.35 am IST, European space consortium Arianespace's Ariane 5 vehicle injected GSAT-30 into the orbit in a flawless flight lasting about 38 minutes.

Arianespace CEO Stéphane Israël tweeted about the successful launch of GSAT-30.

ISRO's U R Rao Satellite Centre Director P Kunhikrishnan, who was present in Kourou, congratulated the ISRO community and Arianespace team on the successful launch.

Calling it an "excellent start" to 2020 for ISRO with the launch, he said, "The mission team at the master control facility have already acquired the satellite and they will immediately complete the post launch operations...."

The 3,357-kg satellite, which was deployed from the lower passenger position of Ariane-5 launch vehicle (VA 251) into to geostationary transfer orbit (GTO), is configured on ISRO's enhanced I-3K Bus structure to provide communication services from Geostationary orbit in C and Ku bands.

The satellite derives its heritage from ISRO's earlier INSAT/GSAT satellite series, and is equipped with 12 C and 12 Ku band transponders.

GSAT-30 is to serve as replacement to the "aging" INSAT-4A spacecraft services with enhanced coverage, ISRO has said, adding the satellite provides Indian mainland and islands coverage in Ku-band and extended coverage in C-band covering Gulf countries, a large number of Asian countries and Australia.

With a mission life of 15 years, GSAT-30 is an operational communication satellite for DTH, television uplink and VSAT services.

The Bengaluru-headquartered ISRO has said the communication payload of GSAT-30 is specifically designed and optimised to maximise the number of transponders on the spacecraft bus.

According to the space agency, the spacecraft would be extensively used for supporting VSAT (Very Small Aperture Terminal) network, television uplinking and teleport services, digital satellite news gathering (DSNG), DTH television services, cellular backhaul connectivity and many such applications.

One Ku-band beacon downlink signal is transmitted for ground-tracking purpose, it added.

For its initial flight of 2020, Arianespace on its website said, it would orbit EUTELSAT KONNECT, a telecommunication satellite for the operator Eutelsat, along with GSAT-30, using an Ariane 5 launch vehicle from the Guiana Space Centre.

EUTELSAT KONNECT – which was produced by Thales Alenia Space for Eutelsat – was riding in the upper position of Ariane 5's payload arrangement, and was released first in the flight sequence at 27 minutes following liftoff.

Since the launch of India's APPLE experimental satellite on Ariane Flight L03 in 1981, Arianespace has orbited 24 satellites, including GSAT-30, for the Indian space agency.

New Delhi, May 18: With the highest-ever spike of 5,242 new cases in last 24 hours, the total number of positive COVID-19 cases in India reached 96,169 on Monday, according to the Ministry of Health and Family Welfare.

With 157 deaths reported in the last 24 hours, the death toll has risen to 3,029, as per the latest update by the ministry.

Out of the total number of cases, 36,824 have been cured/discharged/migrated.

This comes a day after the nationwide lockdown, imposed as a precautionary measure to contain the spread of COVID-19, was extended till May 31.

Maharashtra remains the worst-affected state due to the virus with 33,053 cases, including 1,198 deaths. It is followed by Gujarat (11,379), Tamil Nadu (11,224) and Delhi (10,054).