Six Congress MPs suspended from LS for throwing papers at Speaker

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, Mar 20: The four men convicted of the gang rape and murder of a Delhi woman on December 16, 2012 were hanged in the darkness of pre-dawn on Friday, ending a horrific chapter in India's long history of sexual assault that had seared the nation's soul. Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya, the fearless one.

This is the first time that four men have been hanged together in Tihar Jail, South Asia's largest prison complex that houses more than 16,000 inmates. The executions were carried out after the men exhausted every possible legal avenue to escape the gallows. Their desperate attempts only postponed the inevitable by less than two months after the first date of execution was set for January 22.

They were hanged at 5.30 am, Director General of Prison Sandeep Goel said.

After raping and brutalising the woman, the men, one of whom was a juvenile at the time, dumped her on the road and left for dead on the cold winter night. Her friend who was with her was also severely beaten and thrown out along with her. She was so severely violated that her insides were spilling out when she was taken to hospital. She died in a Singapore hospital after battling for her life for a fortnight.

Six people, including the four convicts and the juvenile, were named as accused.

While Ram Singh allegedly committed suicide in the Tihar Jail days after the trial began in the case, the juvenile was released in 2015 after spending three years in a correctional home.

The road to the gallows was a long and circuitous one, going through the lower courts, the High Court, the Supreme Court and the president's office before going back to the Supreme Court that heard and rejected various curative petitions.

The death warrants were deferred by a court thrice on the grounds that the convicts had not exhausted all their legal remedies and that the mercy petition of one or the other was before the president.

On March 5, a trial court issued fresh death warrants for March 20 at 5.30 am as the final date for the execution.

Leh, Jul 3: Taking an apparent dig at China, Prime Minister Narendra Modi on Friday said the age of expansionism is over and added that the new age of development is here.

"Age of expansionism is over, this is the age of development. History is witness that expansionist forces have either lost or were forced to turn back," Modi said addressing soldiers in Ladakh's Nimmoo. However, the Prime Minister did not mention China at all in his address to the soldiers.

The remark comes amidst the ongoing tension between India and China at Line of Actual Control in the eastern Ladakh. In a violent face-off 20 Indian soldiers were killed in the Galwan Valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation.

The Prime Minister also said that the people of Ladakh have rejected every attempt to create separatism in the region.

"Ladakh is the head of the country. This is the symbol of pride for the 130 crore citizens of India. This land belongs to the people who are willing to make the ultimate sacrifice for the country... Every attempt to create separatism in the region was rejected by the nationalist people of Ladakh," Modi said.

He also said: "We are the same people who pray to the flute playing Lord Krishna, but we are also the same people who idealise and following the same Lord Krishna who carries the Sudarshan Chakra."

The two countries -- India and China -- have been involved in talks to ease the ongoing border tensions since last month.

Lauding the bravery displayed by the soldiers, the Prime Minister said: "The bravery that you and your compatriots showed, a message has gone to the world about India's strength."

"Your courage is higher than the heights where you are posted today," he added.

"Atmanirbhar Bharat ka sankalp aapke tyag, balidan, pursharth ke karan aur bhi mazbut hai,"(The determination of self-reliant India gets strengthened from your sacrifice and courage)," the Prime Minister said.

The soldiers were observed maintaining social distancing while PM Modi's address here.

PM Modi on Friday made a surprise visit to Ladakh and was briefed by senior officers at Nimmoo amid ongoing tension with China. The Prime Minister was accompanied by Chief of Defence Staff (CDS) General Bipin Rawat and Army Chief General Manoj Mukund Naravane.

He reached Nimmoo, early morning today and interacted with Army, Air Force and ITBP personnel.

Located at 11,000 feet, this is among the tough terrains, surrounded by Zanskar range and on the banks of the Indus.

Sources had earlier informed about CDS Rawat's visit to Leh today. General Rawat's visit holds importance since it comes in the wake of Defence Minister Rajnath Singh's visit to Ladakh being rescheduled.

Earlier, the Defence Minister was scheduled to visit Ladakh today to review the preparedness of the army amid the ongoing standoff with China.

The situation at the India-China border remains tense after 20 Indian soldiers lost their lives in a violent face-off in the Galwan valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation. India and China have been involved in talks to ease the ongoing border tensions since last month.