‘Restless’ minister U T Khader hospitalized in Bengaluru

Bengaluru, Ju 2 As many as 19 deaths and 1,502 new COVID-19 cases were reported in Karnataka till 5 pm on Thursday, as per information provided by the State Health Department.

The total number of COVID-19 cases in the state now stands at 18,016, including 9,406 active cases.

While 8,334 patients have been discharged after treatment, 272 people have succumbed to the virus.

India's COVID-19 tally breached the 6 lakh cases mark with 19,148 new coronavirus cases being reported in the last 24 hours, informed the Union Ministry of Health and Family Welfare on Thursday.

The total cases now stand at 6,04,641 of which there are 2,26,947 active cases while 3,59,860 patients have been cured/discharged/migrated. 434 deaths have been reported in the last 24 hours taking the number of COVID-19 deaths in the country to 17,834.

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.

Bengaluru, Apr 28: Former Chief Minister Siddaramaiah on Tuesday demanded that the Karnataka government announce a "special package" for unorganised sector workers, street vendors and autorickshaw drivers, among others, all daily wagers whose lives are affected by the COVID-19 lockdown. "..a special package needs to be announced to this section of people, this is the demand," Siddaramaiah, who is also Leader of the Opposition in the state assembly, told reporters here.

Alleging that the government has failed to control the spread of coronavirus, he said it is the government's responsibility to take care of the basic needs of those from the unorganised sector, whose lives have been impacted by the lockdown. "It is the duty of the government and they should do it immediately. The package should also be announced. I will hold discussions with leaders of other opposition parties like JD(S), CPI, CPI(M) and BSP in this regard and also on trouble faced by farmers," he added. Alleging discrimination in supply of food packets and ration kits, Siddaramaiah said it was being supplied properly only in constituencies represented by BJP legislators.

"Politics is being played out in supply of food materials to the needy, keeping corporation elections in mind.... We don't want to do politics at this point in time as there is lockdown. If things continue to be the same after the lockdown ends, we will protest on the streets," he said.

Siddaramaiah on Tuesday interacted with representatives of auto rickshaw and cab drivers, street vendors, barbers, unorganised workers organisations, among others, to understand the difficulties faced by them during the lockdown and to know whether help from the government has reached them. He said most of them don't have work and it has become difficult for them to lead their normal lives.

They raised several issues like auto and cab drivers being unable to pay road tax and EMI, he said, adding that he would write a detailed letter to the Chief Minister in this regard The former Chief Minister pointed out that there is about 21 lakh registered organised workers, 1.32 crore lakh unorganised workers and also agriculture labourers in the state.

"Among organised workers only 12.5 of the 21 lakh are said to be getting Rs 2000, that too from the Employees Welfare Fund, while others could not get any money, citing reasons like they have not renewed it," he said.

On the other hand, unorganised sector workers don't get money and were also not getting proper food or ration kits, he alleged Though the labour department claimed that it was supplying one lakh food packets and 1.5 lakh ration kits, as also corporations, there were leakages and it was not reaching the beneficiaries properly, he said.