When top judges say democracy is at stake, media focus on Sunny Leone

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.

Ahmedabad, Feb 24: US President Donald Trump arrived in Ahmedabad on Monday for the first leg of his India trip.

The Air Force One plane carrying Trump and his wife Melania landed at the Sardar Vallabhbhai Patel international airport here at 11.37 am, officials said.

It was scheduled to land at 11.40 am.

Prime Minister Narendra Modi, who reached Ahmedabad over an hour before Trump did, was present at the airport to welcome the US president at the airport.

In Ahmedabad, Trump will visit Mahatma Gandhi's Sabarmati Ashram, take part in a roadshow with Modi and jointly address over one lakh people at a cricket stadium, before heading for Agra to see the iconic Taj Mahal with Melania.

Trump, who is also accompanied by daughter Ivanka, son-in-law Jared Kushner and top brass of his administration, will get a taste of India's cultural melange during his high- optics Gujarat itinerary, after the bonhomie between the two leaders at the 'Howdy, Modi!' event in Houston last year.

The US president and Modi will participate in a roadshow from the airport to Sabarmti Ashram and from there to the newly-built Motera cricket stadium, where over a lakh people are expected to be present for the 'Namaste Trump' event.

Dance groups and singers from different parts of the country will be performing on stages that are dotting the 22- km route of the 'India roadshow' in the city.

Huge billboards of the two leaders and replicas of historic places in Gujarat have also been placed along the roads where people will greet the two leaders.

Over 10,000 police personnel, besides officials of the United States Secret Service, and personnel of the National Security Guards (NSG) and the Special Protection Group (SPG) have been deployed for the high profile visit.

The seventh US president to visit India, Trump on Sunday retweeted a video in which his face was superimposed on the hit Indian movie-character Bahubali, showing him as a great saviour.

Modi will accompany Trump to the Sabarmati Ashram, which was home to Mahatma Gandhi from 1917-1930 during India's freedom struggle.

Several world leaders including Chinese President Xi Jinping and Japanese Prime Minister Shinzo Abe have visited Sabarmati Ashram in recent years.

Ashram secretary Amrut Modi said Trump will spend 15 minutes at the place.

"Trump will visit the 'Hriday Kunj'. If he wishes, he will spin a charkha (spinning wheel). We will also gift him a coffee-table book, and a book containing 150 quotations of Gandhi," the Ashram official said.

Hriday Kunj is a room on the Ashram premises where Mahatma Gandhi and his wife Kasturba Gandhi had lived for 12 years between 1918 and 1930.

The official said the US President would be briefed about Gandhiji and the importance of charkha as a symbol of self-reliance.

There will be a cultural extravaganza at the Motera stadium during the 'Namaste Trump' event, where Trump and Modi will address the gathering.

Bollywood singer Kailash Kher and some Gujarati folk singers will perform at the stadium, officials of the Gujarat Cricket Association said.

Students of various government and private schools have also been roped in to perform at cultural events and they have been practicing for days, an official said.

Billboards with slogans hailing Indo-US relations and having pictures of Trump and Modi walking together, shaking hands, and waving at the crowd during the 'Howdy Modi' event are dotting the city.

Mysore,  Apr 1: A team of the state Health Ministry on Monday visited the pharmaceuticals company whose several employees were tested positive for COVID-19.

The team asked the remaining employees to stay under quarantine in separate rooms.

"The department is investigating whether this company has got any connection with China or received any object which might have brought coronavirus with it," said Jawaid Akhtar, principal secretary of the health department.

Karnataka Health Minister on Wednesday confirmed that the current COVID-19 positive cases in the state stood at 101.

According to the Ministry of Health and Family Welfare, the total number of COVID-19 positive cases have reached 1,637 in India, including 1,466 active cases, 133 cured/discharged/migrated people and 38 deaths.