Rapes can't be prevented, don't create 'hue and cry', says Union Minister

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 18: Days after the arrest of Deputy SP Davinder Singh along with two Hizbul Mujahideen terrorists, Shiv Sena on Saturday questioned the role of police in the Kashmir Valley.

"Cross border infiltration is ongoing in Kashmir. But the police machinery is being used to help the terrorists in Kashmir to safely cross the border (to Pakistan) and a President's medal awarded Deputy SP was arrested for doing so. In Kashmir (it seems), the government is using the police for some other purposes, what will the country's Home Ministry say if somebody has a doubt in connection with the Pulwama attacks," Sena mouthpiece, Saamna, read.

This was in reference to the incident in which Jammu and Kashmir police intercepted a vehicle on Sunday and arrested DySP Davinder Singh along with two top Hizbul Mujahideen terrorists, who were travelling together.

The Sena mouthpiece asserted that the impact and acceptance of the Centre removing Article 370 should be visible "through the people" during the upcoming Republic Day celebrations.

"Jammu and Kashmir is now a Union Territory. It is being ruled by the Centre through President's Rule. The government had removed Article 370 in a historic decision...The joy and excitement in the people over the removal of 370 should be visible in the Republic Day celebrations this time. The tricolour should be seen flying over all houses in Kashmir, it is the least that can be expected," it added.

The Sena mouthpiece further said that with the arrest of terrorists in the recent days, it hoped that "Republic Day will be celebrated safely in Delhi, Jammu and Kashmir".

New Delhi, Jun 9: A record rise in COVID-19 cases in India for the seventh consecutive day has pushed the tally to over 2.6 lakh on Tuesday, with the daily nationwide spike in coronavirus cases inching close to 10,000.

The rise in cases comes at a time when the country has stepped out of a 75-day coronavirus lockdown with malls, religious places and offices opening in several parts of the country under strict conditions.

Since the onset of June, the country has also been witnessing over 200 COVID-19 fatalities each day that has taken the country's death toll to 7,466.

India is the fifth worst-hit nation by the COVID-19 pandemic after the US, Brazil, Russia and the UK, according to the Johns Hopkins University data.

Several states like Haryana, Jammu and Kashmir, Assam, Haryana, Karnataka, Chhattisgarh and Tripura among others have been showing a spurt in cases.

A total 266 new COVID-19 fatalities and 9,987 cases have been reported in the last 24 hours till Tuesday 8 am, according to the Union Health Ministry data.

The country has registered over 9,000 coronavirus infection cases for the sixth day in a row taking the country tally to 2,66,598.

The number of active novel coronavirus cases stands at 1,29,917, while 1,29,214 people have recovered and one patient has migrated, according to the Health Ministry data updated till 8 am.

"Thus, 48.47 per cent patients have recovered so far," a ministry official said.

According to the ICMR, a total of 49,16,116 samples have been tested as on 9 am, Tuesday, with 1,41,682 samples been tested in the last 24 hours.

Out of the total 7,466 fatalities reported till Tuesday 8 am, Maharashtra tops the tally with 3,169 deaths followed by Gujarat with 1,280 deaths, Delhi with 874, Madhya Pradesh with 414, West Bengal with 405, Tamil Nadu with 286, Uttar Pradesh with 283, Rajasthan with 246 and Telangana with 137 deaths.

The death toll reached 75 in Andhra Pradesh, 64 in Karnataka and 53 in Punjab.

Jammu and Kashmir has reported 45 fatalities due to the coronavirus disease, while 39 deaths have been reported from Haryana, 31 from Bihar, 16 from Kerala, 13 from Uttarakhand, nine from Odisha and seven from Jharkhand.

Himachal Pradesh and Chandigarh have registered five COVID-19 fatalities each and Assam and Chhattisgarh have recorded four deaths each so far.

Meghalaya and Ladakh have reported one COVID-19 fatality each, according to ministry data.

More than 70 per cent of the deaths are due to comorbidities, the ministry's website stated

The highest number of confirmed cases in the country are from Maharashtra at 88,528 followed by Tamil Nadu at 33,229, Delhi at 29,943, Gujarat at 20,545, Uttar Pradesh at 10,947, Rajasthan at 10,763 and Madhya Pradesh at 9,638, according to the Health Ministry's data updated in the morning.

The number of COVID-19 cases has climbed to 8,613 in West Bengal, 5,760 in Karnataka, 5,202 in Bihar and 4,854 in Haryana.

It has risen to 4,851 in Andhra Pradesh, 4,285 in Jammu and Kashmir, 3,650 in Telangana and 2,994 in Odisha.

Punjab has reported 2,663 novel coronavirus cases so far, while Assam has 2,776 cases. A total of 2,005 people have been infected by the virus in Kerala and 1,411 in Uttarakhand.

Jharkhand has registered 1,256 cases, while 1,160 cases have been reported from Chhattisgarh, 838 from Tripura, 421 from Himachal Pradesh, 330 from Goa and 317 from Chandigarh.

Manipur has 272 cases, Puducherry has 127 and Nagaland has reported 123 cases till now.

Ladakh has 103 COVID-19 cases, Arunachal Pradesh has 51, Mizoram has 42, Meghalaya 36 while Andaman and Nicobar Islands has registered 33 infections so far.

Dadar and Nagar Haveli has 22 cases, while Sikkim has reported seven cases till now.

The ministry's website said that 8,803 cases are being reassigned to states and "our figures are being reconciled with the ICMR".

State-wise distribution is subject to further verification and reconciliation, it said.