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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.

Srinagar, May 12: Two paramilitary Central Reserve Police Force (CRPF) officers committed suicide after shooting themselves with their service rifles in Kashmir on Tuesday.

In the first incident, a CRPF sub-inspector on Tuesday committed suicide after shooting himself with his service rifle at Mattan area of south Kashmir’s Anantnag district. The deceased, identified as Fatah Singh of Jaisalmer in Rajasthan, had reportedly left behind a suicide note that read: “I am afraid, I may have Corona.”

Station House Officer (SHO) Akura, Mattan police station Jazib Ahmed said that they have followed the COVID-19 protocol while dealing with the body of the CRPF sub-inspector. “His samples have been taken and post-mortem conducted. Only results would confirm whether he was a COVID-19 positive,” he said.

CRPF spokesman in Srinagar Pankaj Singh said the officer had returned to his unit after performing a day-long duty. “As such, there is no evidence that he had caught COVID-19. Let’s wait for the final report. Details will be shared with the media,” Singh said.

Hours after the first incident, an assistant-sub-inspector of the CRPF posted in Srinagar also committed suicide by shooting himself dead with his service rifle.

Special Director General of CRPF, Zulfikar Hassan said they were trying to find out the reason for the two boys taking this extreme step.

Suicides and fratricide incidents are not uncommon among the CRPF and the Army personnel deployed in Kashmir. In 2006, recognising the rising fratricide and suicide cases among the armed forces, the then Defence Minister had constituted an expert group of psychiatrists under the Defence Institute of Psychological Research in order to suggest remedial measures to prevent suicide and fratricide incidents.

Over the last decade, incidents of fratricide have reportedly reduced in the Army as the force has taken measures to address the issue.

Bengaluru, Jul 9: Karnataka Medical Education Minister K Sudhakar on Wednesday said the private hospitals in the state have joined hands with the state government in the fight against COVID-19 and will provide 3,500 beds for patients.

"The meeting with managements of private hospitals has been successful and they have agreed to provide 3,500 beds for COVID-19 treatment," he said while addressing a press conference.

Pointing out that the step would help in providing more beds for COVID-19 patients, he added, "The state government is thankful to the private sector for joining hands with the government in this fight against the pandemic. Apart from beds, private hospitals will also run COVID-19 care centres in collaboration with hotels to treat asymptomatic and people with mild symptoms. Together with beds and COVID-19 care centres, private hospitals will add 6,000 to 7,000 beds in coming days," he said while addressing a press conference.

The minister while clarifying on JJM Medical College stipend issue said he had a number of meetings with the college as also the CM. "Held several meetings with the college management in this regard. I also discussed the same with Chief Minister BS Yediyurappa. He already asked the college management to release the stipend of Resident Doctors and PG Medicos immediately. Now it is up to the college management to act.

Urging the residents of the state to fight the pandemic with honesty, the minister said, "We should be honest about the virus and get tested ourselves without hiding it. Wearing masks, social distancing and following government guidelines are the weapon against COVID-19, which would help us to win this war."