Togadia staged ‘missing’ drama, faked illness, told lies: Gujarat police

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.

Bengaluru, Feb 14: After the swearing-in of ten former JDS and Congress MLAs, political boundaries seem to have become more fluid, with little clarity on who is on whose side. When Honnali BJP MLA Renukacharya visited senior Congressman DK Shivakumar at the latter’s residence, many eyebrows were raised over the reason behind the meeting. There was speculation over why Renukacharya would be meeting a man who is, in all likelihood, slated to be the next KPCC president.

Renukacharya reacted to the rumours by making the meet sound purely professional. He said, “We have a three-day Krushi Sammlan in Honnali, and I went to invite him (DKS) for it.’’   Shivakumar also remained tight-lipped over the real reason behind the meeting, and corroborated Renukacharya’s story. However, insiders claim that the two discussed other issues too. It may be recalled that Renukacharya had openly rebelled against Yediyurappa in 2009.

Bengaluru, July 14: The Karnataka government has allowed some relaxations during the week-long lockdown in Bengaluru urban and rural districts. The lockdown will commence from 8p.m. today (July 14) and end at 5a.m. on July 22.  The government has released the guidelines for lockdown.

Restrictions

*No new flights or trains will be permitted; only flights and trains already scheduled will continue to operate. Flight and train tickets shall serve as passes for movement by taxis/cab aggregators/auto rickshaws.

* Metro rail services prohibited

* Taxis and services of cab aggregators will be prohibited except for emergency and as permitted in guidelines.

* Schools, colleges, educational/training/coaching institutions etc. will remain closed. Online/distance learning shall continue to be permitted. Examination already scheduled shall be permitted

* Hotels, restaurants, and hospitality services, prohibited except those meant for health/police/government officials/healthcare workers. Hotels and restaurants shall be permitted to operate kitchens for takeaway/home delivery of food items only.

* All cinema halls, shopping malls, gymnasiums, sports complexes, stadia, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places.

* All social/political/sports/entertainment/academic/cultural religious functions/other gatherings and large congregations.

* All religious places/places of worship shall be closed for public. Religious congregations are strictly prohibited. Commercial and private establishment shall be closed down

Relaxations (outside containment zone)

* Shops including ration shops (PDS), dealing with food, groceries, fruits and vegetables, etc. to open only from 5 am to 12 noon. Home delivery of essential items shall be encouraged.

* All facilities in the supply chain of essential goods, whether involved in manufacturing, wholesale or retail of such goods through local stores, large brick and mortar stores or e-commerce companies.

* All food processing and related industries.

* Banks, insurance offices and ATM.

* Print and electronic media.

* Telecommunication, internet services, broadcasting and cable services, IT and IT-enabled services with minimum staff for essential purposes. As far as possible, work from home should be encouraged.

* Delivery of essential items such as food, medicines, pharmaceuticals, medical equipment through e-commerce.

* Power generation, transmission and distribution units and services.

* Capital and debt market services and notified by the Securities and Exchange Board of India (Sebi)

* Cold storage and warehousing services.

* Private security services.

* Delivery of goods by E-Commerce companies. Industries/industrial establishments as listed below will be allowed to operate (outside containment zones):

i. Production units which require continuous process, and their supply chain.

ii. Food processing industries, manufacturing of essential goods, including drugs, pharmaceuticals, medical devices, their raw material and intermediates.

iii. Manufacturing of packing materials.

iv. Manufacturing and other industrial establishment with access control in Special Economic Zones (SEZs) or outside municipal limits and Export Oriented Units (EoUs), Industrial townships. Construction activities will be allowed in continuation of works in construction projects, where workers are available on site.