SC crisis: BCI delegation meeting SC judges

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, Jul 13: The Land & Development Office, which comes under the Union Ministry of Housing and Urban Affairs, has sent a notice to news agency PTI, demanding it to cough up more than Rs 84 crore as penalty. The notice dated July 7 says that the penalty has been imposed due to "breaches" at its office in Delhi.

The notice that sought Rs 84,48,23,281 argues that "the less will be pleased to regularise the breaches in the premises temporarily up to 14.07.2020 and withdraw the right of re-entry of the premises subject to the following conditions being fulfilled by you within 30 days from the date of issue of this letter."

The notice also stipulates that the news agency needs to give an undertaking on non-judicial stamp paper stating that it will pay the difference of "misuse/damage charges" if the land rates are revised with effect from 01.04.2016 by the government and will also remove the "breaches" by 14.07.2020 or get them regularised by paying charges.

The notice also warns that further action to execute the deed has to be subject to complete payment and putting the premise to use according to the masterplan.

The Land & Development Office so warned that an additional 10 per cent interest may need to be coughed out by PTI if it fails to furnish the concerned amount within the stipulated time period.

Additionally, if the news agency fails to comply with the terms within the said period, the concession will be withdrawn. In other words, they will have to pay the penalty up to the actual date of payment then and will also be subject to actions.

This stern notice for alleged violations by PTI comes closely on the heels of national broadcaster Prasar Bharati locking horns with PTI over its reportage that it called "anti national".

Prasar Bharti had recently sent a letter threatening to end its "relationship" with PTI after it carried an interview of Chinese Ambassador Sun Weidong, where he blamed India for the India-China violent standoff that saw 20 Indian bravehearts getting martyred.

Mar 28: A 69-year-old patient, hailing from Chullikal in Ernakulam District, passed away at Kalamasserry Medical College at 8:00am.

The patient had come from Dubai recently and was quarantined.

He arrived in Kerala on March 16 and was tested positive for Coronavirus on March 22, Medical College nodal officer A Fathahudeen said.

He was undergoing treatment for heart ailment and blood pressure. He had earlier undergone a bypass surgery.

Forty nine passengers in the flight he came are under quarantine.

A close relative and the driver who picked him up from the airport are coronavirus positive.

Since the deceased had no contact with any others in the state since his arrival, his route map was not processed.

Kerala reported 39 fresh cases of coronavirus on Friday, taking the total number of people under treatment to 164. The total number of confirmed cases from the state is 176, but, of this, 12 had recovered.

Of the 39 cases, 34 are from the worst affected northernmost district of Kasaragod, two from Kannur and one each from Thrissur, Kozhikode and Kollam.

With a positive case being reported from Kollam, all 14 districts in the state have been affected by the pandemic.

The worst affected Kasaragod has 76 positive cases, the highest and most of the affected are Non Resident Keralites from the Gulf.

A total of 1,10,299 people are under surveillence and 616 are in isolation wards of various hospitals.