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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.

Jan 29: Multiple organisations have called for a Bharat Bandh today in order to protest against the recently passed Citizenship Amendment Act and the proposed National Register of Citizens (NRC). The Bharat  Bandh today has been organised in Surat in Gujarat, Jharkhand and Andhra Pradesh. Increased security measures have been put in place in the three states keeping in view the call for shutdown.

According to media reports, the call for Bharat Bandh was given by Maulana Sajjad Nomani of the All India Muslim Personal Law Board (AIMPLB). This was to protest against the controversial CAA-NRC. This call is supported by an NGO based in Surat, Versatile Minorities Forum (VMF). Apart from the VMF, the call for strikes has been supported by organizations such as Bahujan Kranti Morcha, National Association of Street Vendors of India Surat chapter and the Textile Market Workers' Union.

The workers of the VMF were also spotted distributing pamphlets and urging people to support the strike. Several shopkeepers have also put up notices stating that their shops will be shut for the day.

Earlier, Bharat Bandh was called by 10 trade unions and several bank employees in order to protest against the "anti-people policies of the government" on January 8 and 9. A few violent incidents during this Bharat Bandh were reported in West Bengal.

New Delhi, Mar 19: The total number of reported novel coronavirus cases in India has climbed to 169, with 30 fresh cases reported from various parts of the country on Wednesday.

The total cases in India include 25 foreign nationals and the three persons who died in Delhi, Karnataka and Maharashtra.

As coronavirus cases continue to rise in India, over 5,700 people, who had come in contact with positive cases, continue to be under rigorous surveillance, the government has said.

Maharashtra has 43 cases, including 3 foreigners, while Kerala has recorded 27 cases which include two foreign nationals. A 28-year-old woman from Pune with a travel history to France and the Netherlands tested positive for Covid-19, a senior official said on Wednesday.

A 68-year-old woman has tested positive for coronavirus in Mumbai. She was in close contact with a Covid-19 patient, who was diagnosed yesterday.

In Rajasthan, three more have tested positive for Covid-19. The new cases have come from Jhunjhunu district. Their samples have been sent to SMS Medical college.

In Maharashtra, a 21-year-old man in Pimpri Chinchwad with travel history to the Philippines, Singapore and Colombo has tested positive for coronavirus. One more person in Ratnagiri has tested positive for Covid-19.

Telangana has reported seven more confirmed coronavirus cases. All the seven are Indonesian national.

Delhi has so far reported 10 positive cases which include one foreigner while Uttar Pradesh has recorded 16 cases, including one foreigner. A man from Noida tested positive on Wednesday, taking the total number to four in Noida.

Karnataka reported two fresh cases on Wednesday, taking the number of infections to 13. The number of cases in Ladakh rose to eight and Jammu and Kashmir three. Telangana has reported six cases which include two foreigners.

One more person has tested positive for coronavirus in Kashmir. The person, with foreign travel history, has been put under isolation. He had arrived in J&K on March 16.

There will be restrictions on public transport, assembly of people and some other measures, in #Srinagar from tomorrow.

Rajasthan has also reported four cases including that of two foreigners. Tamil Nadu, Andhra Pradesh, Odisha, Uttarakhand and Punjab have reported one case each.

Tamil Nadu Health Minister C Vijayabaskar has confined the state's second positive case of coronavirus in the state.

The health minister has stated that the condition of the patient is stable and is in observation.

In Haryana, there are 16 cases, which include fourteen foreigners.

According to the Union ministry's data, 14 people have been discharged so far, including the three patients from Kerala.

Three persons infected with the virus have died so far, the latest casualty being a 64-year-old man from Mumbai with a travel history to Dubai who succumbed on Tuesday.

While a 76-year-old man from Kalaburagi who returned from Saudi Arabia died last Tuesday, a 68-year-old woman in Delhi who had tested positive for coronavirus passed away on Friday night.

The government on Tuesday banned the entry of passengers from Afghanistan, Philippines and Malaysia to India with immediate effect, according to an additional travel advisory.

With coronavirus cases swelling in the country, the government has also banned the entry of passengers from the European Union countries, Turkey and the UK from March 18 till March 31.