Congress failed as Opposition, disconnected with people: Modi

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.

Chennai, Jul 1: In a case of cluster infection, 58 of the 65 mourners who attended the funeral a Central government official, Selvam, 56, who had worked in the Ministry of Foreign Trade and who died in Coimbatore and was brought for burial at Pannavaadi near Kolathur near Mettur in Salem district, tested positive for Covid-19, after three of them initially tested positive as they neither wore face masks not observed social distancing during the funeral, sources said.

Even as Dr Vijayabaskar said AIADMK MLA from Sriperumbudur, K Palani who tested positive for Covid-19 has recovered and will be discharged from hospital in couple of days, the MIOT International Hospital in Chennai said that the State Higher Education Minister, K P Anbazhagan, who initially showed no symptoms of coronavirus, subsequently tested positive in his second sample. He was now under treatment, his condition very stable and all his vital parameters are normal, MIOT said in a statement.

In what continues to be an unrestrained run, Tamil Nadu added its biggest day-wise spike so far of 3,943 positive Covid-19 cases, while another 60 deaths due to the novel coronavirus confirmed on Tuesday took the total death toll in the state to 1,201.

Of the new positive cases, Chennai alone accounted for its highest per-day jump of 2,393 positives with the number of persons tested today across Tamil Nadu put at 30,053. The total number os Covid-19 positive cases in the State as a whole till date is racing towards the one lakh mark at 90,167.

However, these outcomes are all on anticipated lines with the ICMR's push for more aggressive testing, even if they want lockdown controls to be now more focused at the district level, and want the Chennai model to be taken to the districts.

In this backdrop, the Health minister, Dr C Vijayabaskar chaired a detailed Covid review meeting this evening through video conference with all the hospital deans and other top officials on different facets of the disease prevention and control measures and the state's overall preparedness.

Chief Minister, Mr. Edappadi K Palaniswami in a statement in Chennai assured that with the 'full lockdown' continuing in greater Chennai, parts of three neighbouring districts of Chengalpattu, Thiruvallur and Kancheepuram and parts of Madurai district till July 5, the free community kitchens for the elderly, disabled and destitute will continue to function in those places till July 5 and hygienically cooked food packets served to them.

New Delhi, Mar 27: The Delhi government has arranged to serve lunch and dinner to the needy in 325 schools in Delhi, chief minister Arvind Kejriwal said on Friday amid reports of people going hungry without access to food during the ongoing nationwide lockdown.

From Saturday, arrangements will be put in place to feed about four lakh people daily at different centres across Delhi, he said addressing the media. "We have made arrangements to provide lunch and dinner in 325 schools. Around 500 people will be provided with food in all these schools. So far we were providing food to 20,000 people daily, the number will now increase to around 2,00,000 from today."

He also said that "from tomorrow, we'll be providing food to 4,00,000 people daily. We're distributing the centres across Delhi."

Stating that the total number of confirmed positive COVID-19 cases in Delhi is now 39, Kejriwal said "We are ready to face any challenge.".

"There are a total of 39 coronavirus positive cases in Delhi as of today, of which 29 cases are of those who had come from outside and were kept in quarantine and 10 of these were cases of local transmission," said Kejriwal at a press conference.

The Chief Minister said that a team of 5 doctors has been set up to look into the preparedness needed to deal with an increase in the number of positive cases for coronavirus in future.

He said, "The team of doctors under the chairmanship of Dr Shiv Kumar Sarin, the head of Institute of Liver and Biliary Sciences, presented a detailed report on March 26 on the preparedness needed to deal with a situation if the number of positive cases for coronavirus increases."

"The report has categorized three situations - if the number of positive cases increases to 100 per day, 500 per day and 1000 per day," he said while adding that the doctors have clearly stated what preparedness should be taken for each situation including the number of ventilators, isolation beds, doctors and nurses required.

He also cited concerns raised by chief ministers of several states including Jharkhand's Hemant Soren and West Bengal's Mamata Banerjee.

Kejriwal said "we consider all those living in Delhi as Delhiites and everyone will be taken care of."
The number of cases tested positive for coronavirus rose to 724 on Friday, according to the Ministry of Health and Family Welfare.