Zaman’s onslaught helps Pak defeat Australia, win T20 tri-series title

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.

Sydney, Feb 7: "I received a message from Brett Lee," said former India cricketer Sachin Tendulkar on Friday when asked as to who recruited him to take part in the Bushfire relief fundraiser match.

Tendulkar will be coaching the Ponting XI in the upcoming Bushfire Bash on Sunday, February 9 at the Junction Oval.

"I received a message from Brett Lee. Brett said that Kevin (Roberts, Cricket Australia's chief executive) would like to be in touch with you. It was a no-brainer. From the moment I was asked, I said, 'yes I'm more than happy to come here," cricket.com.au quoted Tendulkar as saying.

Bushfire Bash was originally slated to be played at Sydney on Saturday but weather forecast prompted Cricket Australia to reschedule the game to ensure the best possible pitch and outfield conditions for the final of Big Bash League.

The match will be played to raise funds and all match profits will go to the Australian Red Cross Disaster Relief and Recovery Fund.

"This is an alarming situation, it's catastrophic - that's an understatement. You see the number of lives it has affected, not only humans but also wildlife which sometimes people don't talk about. That is equally important. I'm so happy I'm here in whatever way to support the cause, to raise money," Tendulkar said.

Ponting XI: Matthew Hayden, Justin Langer, Ricky Ponting (c), Elyse Villani, Brian Lara, Phoebe Litchfield, Brad Haddin (wk), Brett Lee, Wasim Akram, Dan Christian, Luke Hodge. Coach: Sachin Tendulkar

Gilchrist XI: Adam Gilchrist (c & wk), Shane Watson, Brad Hodge, Yuvraj Singh, Alex Blackwell, Andrew Symonds, Courtney Walsh, Nick Riewoldt, Peter Siddle, Fawad Ahmed (one more to be announced). Coach: Tim Paine

The Bushfire Bash exhibition match will be a 10-overs-per-side contest, with a five-over Powerplay, no bowling restrictions, and batters unable to get out from the first ball they face.

Bowlers will not have over limits, fielders can sub on and off as it suits, while captains will have the ability to sub batters in and out during an innings.

New Delhi, Apr 30: India and Delhi Capitals batsman Ajinkya Rahane won't mind playing the IPL in empty stadiums if it ensures the safety of the fans.

Speaking in an Instagram Live session arranged by Delhi Capitals, Rahane said: "COVID-19 pandemic has taught everyone that unexpected things can happen, therefore we need to be happy about what we are doing, and should value what we have.

"As for IPL or any other sport, I feel it could be played without spectators. All of us have played domestic cricket in almost empty stadiums, so that’s an experience all cricketers are used to."

"Of course we are nothing without our fans, and that’s why their safety is of utmost importance. Even if they get to watch some Live action from home, I am sure that will be an enjoyable experience as well. The safety of fans is key, and if we need to play in empty stadiums for that, we are open to do it,” Rahane said. IPL 2020 has been indefinitely postponed due the COVID-19 pandemic but there is a possibility that it is played behind closed doors in September.

Speaking on how he has been spending time during the nationwide lockdown, India's Test specialist said he is enjoying bonding with his wife and daughter.

"I'm trying to be as positive as possible during this lockdown, and staying at home with my wife and daughter. It's given me an opportunity to bond with them, and I am also able to help my wife in cooking and cleaning.

"I'm also trying to revive my karate skills, something that I pursued as a child. It definitely helps me in maintaining my agility and fitness, and I am enjoying it a lot," said the 31-year-old.

The experienced middle-order batsman was bought by Delhi Capitals last year before the IPL Auction, and says he is really excited about playing for the franchise.

"It is something I've really been eager about, and it has stemmed in because of the things I've heard about the team from the likes of Ishant, Shikhar, and Shreyas. They’ve told me that it's like a huge family where everyone is always backing each other, and enjoying each other's successes," he said.

Talking about his excitement on playing under head coach Ricky Ponting, Rahane said he has always admired the Australian legend.

"My idols growing up were definitely Rahul Sir and Sachin Sir, but I've always admired Ricky Sir also. I used to try to copy his batting and fielding styles. And therefore, I'm really looking forward to working under him. I'm sure he will help me immensely in my batting as well as overall leadership,” said the former captain of Rajasthan Royals.