Rape convict godman’s bhakts go on rampage; over 30 killed, 300 injured

Bengaluru, Jan 13: Days after indicating that he may not travel to Davos to attend the World Economic Forum later this month, Chief Minister B S Yediyurappa on Monday said he will be attending the global meet, and that the expansion of his ministry will take place before his foreign tour.

Reiterating that he will keep the promise of making disqualified legislators who have won bypolls on BJP ticket as ministers, he said ministry expansion will happen soon after his meeting with party national president Amit Shah on the matter. "There is no truth in speculations that are going on regarding the cabinet expansion, in fact, Amit Shah had given me time for meeting today in Delhi, but I had to attend important programmes here.

Tomorrow if possible I will cancel all my programmes and will go to Delhi, and get cabinet cleared, there is no problem in that," Yediyurappa said.

Speaking to reporters here, he said the legislators who have won in the bypolls need not worry about the speculations.

"I will fulfil the promise that I have made. If Amit Shah is available I will try to go to Delhi tomorrow. If not he is coming here (Karnataka) on January 17 and 18, will get things cleared and expand the ministry," he said. Yediyurappa had earlier said he will be going to New Delhi probably on January 11 or 12 to discuss cabinet expansion with the BJP high command. However, on Saturday, he said he has decided to discuss the exercise with Shah during the latter's visit to the state next week.

Shah will be here to address a huge rally at Hubballi on January 18 as part of the BJP's nationwide outreach programme to create awareness among the people about the Citizenship Amendment Act.

To a question about his visit to Davos, Yediyurappa said "everyone is persuading me to go, so I have decided to go. As I'm being sent by the central government, so I will have to go, and I will go and come." Yediyurappa along with Union ministers Piyush Goyal and Mansukh Mandaviya as well as chief ministers - Amarinder Singh (Punjab), Kamal Nath (Madhya Pradesh) are among those expected join over 100 Indian CEOs in the Swiss ski resort town of Davos later this month for the WEF's 50th annual meeting.

The Chief Minister, however, had last week, indicated that he may not travel to Davos.

Rubbishing reports about the Ministry expansion after Delhi assembly polls, he said there is no connection between the two.

"I will talk to Amit Shah in a couple of days and immediately take up ministry expansion after that, there is no need for anyone to worry, and there is no truth in certain media reports," he said, adding that expansion exercise will be completed before his Davos visit.

The Chief Minister is likely to travel to Davos on January 20, according to sources.

According to reports, disqualified legislators who got re-elected during the December 5 bypolls on BJP ticket and are all set to become Ministers too had put pressure on Yediyurappa to expand the cabinet before the Davos visit.

As the Chief Minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on within the party for the remaining ministerial berths.

Currently, there are 18 Ministers, including the Chief Minister in the cabinet that has a sanctioned strength of 34.

However, with reports that the high command may not be keen on making all the 11 re-elected legislators, whom Yediyurappa has given assurance, as Ministers, it remains to be seen how things turn out.

Cabinet expansion will not be an easy task for the Chief Minister as he will have to strike a balance by accommodating the victorious disqualified legislators as promised and also make place for old guards, upset at being "neglected" in the first round of the induction exercise.

He also has to give adequate representation to various castes and regions in his cabinet and also deal with allocation of key portfolios.

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, Jun 15: With an increase of 11,502 cases in the past 24 hours, the COVID-19 count in India reached 3,32,424 on Monday, according to the Union Health and Family Welfare Ministry.

The spike is marginally lower than the highest-ever spike of 11,929 new cases the country registered a day earlier.

With 325 deaths being reported from across the country, the toll due to COVID-19 has now reached 9,520.

The COVID-19 count includes 1,53,106 active cases while 1,69,798 patients have been cured and discharged or migrated so far.

Maharashtra with 1,07,958 cases continues to be the worst-affected state in the country with 53,030 active cases while 50,978 patients have been cured and discharged in the state so far. 3,950 deaths have been reported due to the infection so far from Maharashtra.

It is followed by Tamil Nadu with 44,661 cases and the national capital with 41,182 confirmed cases.