Togadia launches hunger strike, says he was thrown out for demanding Ram Mandir, attacks Modi

New Delhi, May 29: With the highest spike of 7,466 more COVID-19 cases and 175 deaths reported in the past 24 hours, India's COVID-19 tally reached 1,65,799 on Friday, according to the Union Ministry of Health and Family Welfare.

The number of active coronavirus cases stands at 89,987 while 71,105 people have been cured or recovered and one patient has migrated, it said. The death toll due to the infection has reached 4,706 in the country.

Maharashtra is the worst affected state with 59,546 cases. Tamil Nadu has recorded as many as 19,372 cases while Gujarat and Delhi have recorded 15,562 and 16,281 coronavirus cases respectively.

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.

A patient in hospital with Covid-19 has given birth to a healthy baby boy in Dubai.

The 25-year-old Indian was admitted to Al Zahra Hospital after testing positive on May 2.

Although the baby was not due to arrive until May 19, the woman went into labour three days later and delivered a healthy boy weighing 3.8kg.

The parents are yet to name the child, who has also been tested for the virus.

“When we first received the Covid-19 positive diagnosis, we were afraid for the health of both my wife and the baby,” said the boy’s father, who did not want to give his name.

“Thankfully with the help of the doctors and nurses at Al Zahra Hospital, my son was born with no complications and my wife remains in stable condition.

“We couldn’t be more grateful.”

Despite arriving two weeks early, both mother and child are doing well but will only be allowed to leave the hospital to return to their home in Dubai after they return three negative tests on the trot.

“The contractions started very suddenly and it all happened very quickly,” said Al Zahra Hospital nursing director Maysoon Yousef.

“The delivery took about 10 to 15 minutes which is something we do not see very often.

“There were no complications and both the mother and baby are in good condition.”

Strict measures are in place to ensure hygiene for those inside the hospital, as well as visitors.

The new mum and her son are in the same room as the baby needs to be nursed.

According to the Centres for Disease Control and Prevention, a US national public health institute, there is no evidence that suggests the virus can be transmitted through breastfeeding.

New mothers infected with the virus should wear a mask, wash their hands before and after touching the baby.

“We operate by the latest Covid-19 international and local guidelines when it comes to the management of our maternity patients and otherwise,” said Dr Ghassan Lutfi, head of obstetrics and gynaecology at the hospital.

“We take strict measures to guarantee that there is no risk of cross contamination and that all our patients are in safe hands.”