GK house owner shocked to find his property sold off by tenant

New Delhi, Mar 14: Excise duty on petrol and diesel was on Saturday hiked by ₹3 per litre as the government looked to mop up gains arising from fall in international oil prices.

Special excise duty on petrol was hiked by ₹2 to ₹8 per litre incase of petrol and to Rs 4 incase of diesel, an official notification said.

Additionally, road cess on petrol was raised by ₹1 per litre each on petrol and diesel to ₹10.

The increase in excise duty would in normal course result in a hike in petrol and diesel prices but most of it would be adjusted against the fall in rates that would have necessitated because of slump in international oil prices.

Muzaffarpur, Jan 8: There is no evidence of murder of children in Bihar's Muzaffarpur shelter home, the CBI on Wednesday told the Supreme Court.

The probe agency told the apex court that two skeletons were recovered from the home's premises which were later, in forensic investigation, found to be of a woman and a man.

A bench headed by Chief Justice S A Bobde accepted the status report of the CBI and allowed two officers to be relieved from the investigation team.

Attorney General K K Venugopal, appearing for the probe agency, said investigation was done on allegations of rape and sexual assault of children and charge sheets have been filed before the courts concerned.

Venugopal said the children, who were alleged to have been murdered, were later traced and found to be alive.

He said the CBI has investigated cases of 17 shelter homes in Bihar and charge sheets have been filed in 13 of them, while in four cases the preliminary inquiry was conducted and later closed as no evidence of any wrongdoing was found.

The probe agency, in its status report filed on Monday, said no incriminating evidence proving commission of any criminal offence could be gathered in four preliminary enquiries and as such no FIR has been registered.

The CBI had also said the Bihar government has been requested to take departmental action and action of cancellation of registration and blacklisting of concerned NGOs by providing them the result of investigation, i.e., the CBI report.

Several girls were allegedly sexually and physically assaulted at a shelter home run by an NGO in Bihar's Muzaffarpur. The issue had come to light following a report by the Tata Institute of Social Sciences (TISS).

Following the report, a petition was filed in the apex court seeking lodging of an FIR and court-monitored probe by an independent agency into the allegations.

The plea filed by journalist Nivedita Jha through advocate Fauzia Shakil has sought "registration of FIR and independent investigations or court monitored probe into the affairs of these 14 (other) shelter homes in Bihar mentioned in the TISS report".

The apex court had directed the CBI to probe the offences under the Information Technology Act regarding the video recordings of the alleged assault on girls at the shelter home.

It had also directed the agency to investigate the role of "outsiders who were involved and facilitated the sexual assaults on the inmates", after administering them intoxicants and also against those who allegedly indulged in trafficking of girls from the shelter home.

The apex court had earlier directed the CBI to complete its probe into the alleged murder of 11 girls at the shelter home and asked it to file a status report.

The SC had transferred the case from Bihar to a Protection of Children from Sexual Offences (POCSO) court in Saket District Court complex in Delhi.

Earlier, the top court had directed the CBI to conduct a probe into allegations of physical and sexual abuse of inmates in 16 other shelter homes in Bihar which were flagged in the TISS report.

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.