Poet Imran Pratapgarhi booked for 'provocative' remarks on Shaheen Bagh in Hyderabad

Agencies
February 26, 2020

Hyderabad, Feb 26: Hyderabad Police on Tuesday registered a case against well-known poet Imran Pratapgarhi for his statement asking why there was "no Shaheen Bagh in Hyderabad".

According to Charminar Police, the complaint was registered by Sub-Inspector S Guruswamy, who was on duty at the QQ Stadium on February 24 where an Ehtaji Mishaira (Poetry Program) against the Citizenship Amendment Act, National Register Commission and National Population Register was held.

Permission for the said event was granted by Hyderabad Additional Commissioner of Police to the program organisers with certain guidelines including that poetry program should be held on February 24 from 6 pm to 9 pm, and no speaker should give provocative speeches in the program.

However, police said that the program was started by the organisers at 6 pm and continued till 9:48 pm even after police officers asked them to end the event by 9 pm. The program was attended by around 3,000 members at QQ stadium.

According to police, while addressing the meeting Pratapgarhi said: "Mujhe hairath hai us Hyderabad mein koi Shaheen Bagh kyu nahi hai (I am surprised why there is no Shaheen Bagh in Hyderabad)", which is "provocative" and may cause fear to any section of the public.

In this regard, a case has been registered against organisers for disobeying public servants' orders and the poet has been booked for delivering provocative statements under the relevant sections of the Indian Penal Code.

Further investigation is underway.

Meanwhile, Congress leader Mohammed Ali Shabbir took to Twitter to condemn the police action.

"Hyderabad Police booked a case against poet Imran Pratapgarhi for expressing surprise on why there is no Shaheen Bagh in Hyderabad. For police, this sentence is provocative. Is Shaheen Bagh not a part of India?," Shabbir tweeted.

"Shame on TRS Government and Hyderabad Police for targeting a poet for no-fault," he added.

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News Network
February 9,2020

Feb 9: The Electronic Voting Machines (EVMs) used in Delhi Assembly polls are kept under tight security, in the 'Strong Room' located at Atal Adarsh Bengali Balika Vidyalaya in Gol Market.

Voting for Delhi Assembly elections took place on Saturday with voters turnout well short of the 2015 election mark.

Counting of the votes will be on February 11.

Earlier, Deputy Election Commissioner Sudip Jain had said the Delhi elections took place peacefully and smoothly.

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Agencies
March 1,2020

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.

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News Network
January 28,2020

Mumbai, Jan 28: Flag carrier Air India has kept one of its 423-seater jumbo planes ready in Mumbai for the evacuation of Indian citizens from Wuhan in China in the wake of the coronavirus outbreak in that country, an official source said on Tuesday.

The airline is awaiting necessary approvals from the ministries of external affairs and health to operate the special flight, the source said. The health ministry's nod is required because the operating crew has to fly in a virus outbreak territory.

"We have kept a Boeing 747-400 ready in Mumbai to operate an evacuation flight to China whenever we get a go ahead from the government," the source said.

Some 250 Indians are to be evacuated.

At a meeting of top secretaries called by the cabinet secretary on Monday, the government decided to be prepared for possible evacuation of Indian nationals in Wuhan.

Accordingly, Ministry of External Affairs will make a request to the Chinese authorities for evacuation of Indian nationals, mostly students, stuck in Wuhan city. The Ministry of Civil Aviation and Ministry of Health will make arrangements for transport and quarantine facilities respectively, an official release said on Monday.

Wuhan along 12 other cities have been completely sealed by the Chinese authorities to stop the virus from spreading. The death toll climbed to 80 with 2,744 confirmed cases.

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