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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.

New Delhi, Jun 13: Ten days after recording two lakh COVID-19 cases, India surpassed the three lakh-mark on Saturday with the worst daily spike of 11,458 infections, while the death toll too climbed to 8,884 with 386 new fatalities, the Union Health Ministry said.

India took 64 days to cross the 1 lakh-mark from 100 cases, then in another fortnight it reached the grim milestone of two lakh cases. It has now become the fourth worst-hit nation by the pandemic with a caseload of 3,08,993, according to coronavirus statistics website Worldometer.

However, the Health Ministry said on Friday the doubling time of coronavirus cases has improved to 17.4 days from 15.4 days. And its data updated at 8 am on Saturday showed active cases at 1,45,779 and those who have recovered at 1,54,329; one patient has migrated.

"Thus, around 49.9 per cent patients have recovered so far," a ministry official said.

The total number of confirmed cases include foreigners.

Of the 386 new deaths, Delhi accounted for the highest 129 fatalities followed by Maharashtra 127. The virus is moving rapidly in Delhi, which for the first time reported over 2,000 cases on Friday, and Maharashtra, where the number of cases has crossed one lakh.

Gujarat reported 30 deaths, Uttar Pradesh 20, Tamil Nadu 18, West Bengal, Telangana and Madhya Pradesh 9 each, Karnataka and Rajasthan 7 each, Haryana and Uttarakhand 6 each, Punjab 4, Assam 2, Kerala, Jammu and Kashmir and Odisha 1 each.

Of the total 8,884 deaths, Maharashtra tops the tally with 3,717 fatalities followed by Gujarat with 1,415, Delhi with 1,214, West Bengal with 451, Madhya Pradesh with 440, Tamil Nadu with 367, Uttar Pradesh with 365, Rajasthan with 272 and Telangana with 174 deaths.

The death toll reached 80 in Andhra Pradesh, 79 in Karnataka, 70 in Haryana and 63 in Punjab. Jammu and Kashmir has reported 53 COVID-19 fatalities, Bihar 36 and Uttarakhand 21, Kerala 19, Odisha 10 and Jharkhand and Assam 8 each.

Chhattisgarh and Himachal Pradesh have registered 6 deaths each, Chandigarh 5, Puducherry 2, while Meghalaya, Tripura and Ladakh 1 each, according to the health ministry.

Maharashtra has reported the maximum number of cases at 1,01,141 followed by Tamil Nadu (40,698), Delhi (36,824), Gujarat (22,527), Uttar Pradesh (12,616), Rajasthan (12,068) and Madhya Pradesh (10,443).

The number of COVID-19 cases has gone up to 10,244 in West Bengal, 6,516 in Karnataka, 6,334 in Haryana and 6,103 in Bihar. It has risen to 5,680 in Andhra Pradesh, 4,730 in Jammu and Kashmir, 4,484 in Telangana and 3,498 in Odisha and Assam each.

Punjab has reported 2,986 cases while Kerala has 2,322 cases.

A total of 1,724 people have been infected by the virus in Uttarakhand, 1,617 in Jharkhand, 1,424 in Chhattisgarh, 961 in Tripura, 486 in Himachal Pradesh, 463 in Goa, 385 from Manipur and 334 in Chandigarh.

Ladakh has registered 239 COVID-19 cases, Puducherry 157, Nagaland 156, Mizoram 104, Arunachal Pradesh 67, Sikkim 63, Meghalaya 44 while Andaman and Nicobar Islands has registered 38 cases.

Dadar and Nagar Haveli and Daman and Diu together have reported 30 cases.

The ministry said 7,984 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 added.

Patna, Jan 23: "They should go wherever they want," Bihar Chief Minister and JDU supremo Nitish Kumar said on Thursday when asked of Prashant Kishor and Pavan Verma's repeated questions about the party's stand's on the newly enacted Citizenship Act.

"It is their personal decision. They should go wherever they want. We don't have an objection. Don't look at JDU in the context of statements by some people. JDU works with determination. We have a clear stand and don't have any confusion," the Chief Minister told reporters here.

"If they have something to tell, they should come and discuss it within the party. They should go wherever they want. They have my good wishes," he said.

JDU spokesperson and national general secretary Pavan Verma has questioned his party's alliance with the BJP in Delhi Assembly polls while Kishor has more than once made his differences with the party known on the issue of the amended Citizenship Act, and National Register of Citizens.