Directs competent authority to decide the matter expeditiously, preferably within three months of receiving the order
PANJIM: In a major relief for Benaulim MLA Caetano (Caitu) Silva, the High Court of Bombay at Goa on Thursday set aside the order by the Ministry of Home Affairs terming Silva a Portuguese citizen.
Remanding the matter back to the competent authority, which is the Ministry of Home Affairs, the single bench of Justice CV Bhadang, asked the competent authority to rehear and decide on the matter within the next three months.
“The petition is partly allowed. The impugned order (by Ministry of Home Affairs) dated 20/11/2013 is hereby set aside. The matter is remanded to the Competent Authority for deciding it afresh, in accordance with law. The Competent Authority shall decide the matter as expeditiously as possible and preferably within a period of three months from the receipt of this order,” the High Court order states. It adds that rival contentions of the parties are left open and rule is partly made absolute in the aforesaid terms, with no order as to costs.
The Union Ministry in its order of November 20, 2013 had stated, “Caetano Rosario Silva ceased to be a citizen of India from the date he registered his birth with the Central Registry of Births, Marriages and Deaths of Lisbon as Portuguese national wef 21/07/2010.”
Silva had challenged this decision of the Home Ministry. While passing the order, the High Court observed that Silva is a registered voter from Benaulim constituency and holds an Indian passport.
The Court noted that Silva has not given any declaration to the Goa administration to retain Portuguese citizenship or nationality. “The Act of 1955 was extended to Goa on 17/03/1962 and the Central Government issued the Goa, Daman and Diu Citizenship Order (Citizenship Order, for short) on 28/03/1962, under which every person, who was born or whose parents were born before 20/12/1961 in the said territory (falling under the erstwhile Portuguese Colonial Rule) shall be deemed to have become citizens of India on the said date,” the court stated.
“The person shall not be deemed to have become a citizen of India as aforesaid, if within one month from the date of publication of the said order, in the official gazette, the said person makes a declaration in writing to the Administrator of Goa, WP 110/14 25 Daman and Diu or any other Authority specified by him in this behalf to the effect that he chooses to retain the erstwhile citizenship,” it added.
Silva had informed the High Court that the Union Ministry while passing the order in regards to citizenship had not given him a hearing resulting into violation of principles of natural justice. He contended that the Ministry order was based on documents submitted by one John Fernandes.
“It is submitted that there is nothing on record as to how the Indian embassy in Portugal came to the conclusion about the petitioner voluntarily getting his birth registered in Portugal,” Valmiki Menezes representing Silva had argued before Court.
Silva had submitted that he holds an Indian passport and had travelled abroad several times. It was submitted that at no point of time he had voluntarily or otherwise applied for acquisition of Portuguese nationality or for registration of his birth in the Central Registry at Lisbon, Portugal and the finding to that effect is clearly vitiated as being ‘perverse and not borne out of record’.
“It is contended that the petitioner and several other similarly placed persons having opted for Indian citizenship, are still considered by the Portugal Government as Portuguese nationals, as per their law namely, Law No. 2098 of 29/07/1959, Law No. 2112 of 17/02/1962 and Law Decree No. 308-A/75 of 24/06/1975, for no fault of theirs,” he had stated.
Silva had submitted that Fernandes is acting at the behest of Valanka Alemao, who has filed an election petition against him seeking his disqualification. The order in this regard will be pronounced on October 25.
Countering the petitioner’s claim, Fernandes, represented by SS Kantak, informed the Court that the confirmation of Portuguese Nationality has been endorsed in Silva’s birth certificate. “Portuguese Nationality has been given under Article 1, no 1, paragraph (c) of Law No. 37/1981 of 3rd October, process No. 34884/Sit/09 of Central Registrar of Lisbon,” he said quoting the birth certificate.
“It is submitted that as per 1981 and 2006 law, such an endorsement is sufficient to prove all the contents and the fact of such birth being registered. It is, thus, submitted that on and from 21/07/2010, the petitioner has ceased to be an Indian citizen as Article 5 of the Constitution of India does not envisage a dual citizenship,” the respondent countered.
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Case study
+ The petition is partly allowed. The impugned order (by Ministry of Home Affairs) dated 20/11/2013 is hereby set aside. The matter is remanded to the Competent Authority for deciding it afresh, in accordance with law.
High Court order dated October 20, 2016
+ Caetano Rosario Silva ceased to be a citizen of India from the date he registered his birth with the Central Registry of Births, Marriages and Deaths of Lisbon as Portuguese national wef 21/07/2010.
Union Home Ministry order dated November 20, 2013
Herald Goa News
PANJIM: In a major relief for Benaulim MLA Caetano (Caitu) Silva, the High Court of Bombay at Goa on Thursday set aside the order by the Ministry of Home Affairs terming Silva a Portuguese citizen.
Remanding the matter back to the competent authority, which is the Ministry of Home Affairs, the single bench of Justice CV Bhadang, asked the competent authority to rehear and decide on the matter within the next three months.
“The petition is partly allowed. The impugned order (by Ministry of Home Affairs) dated 20/11/2013 is hereby set aside. The matter is remanded to the Competent Authority for deciding it afresh, in accordance with law. The Competent Authority shall decide the matter as expeditiously as possible and preferably within a period of three months from the receipt of this order,” the High Court order states. It adds that rival contentions of the parties are left open and rule is partly made absolute in the aforesaid terms, with no order as to costs.
The Union Ministry in its order of November 20, 2013 had stated, “Caetano Rosario Silva ceased to be a citizen of India from the date he registered his birth with the Central Registry of Births, Marriages and Deaths of Lisbon as Portuguese national wef 21/07/2010.”
Silva had challenged this decision of the Home Ministry. While passing the order, the High Court observed that Silva is a registered voter from Benaulim constituency and holds an Indian passport.
The Court noted that Silva has not given any declaration to the Goa administration to retain Portuguese citizenship or nationality. “The Act of 1955 was extended to Goa on 17/03/1962 and the Central Government issued the Goa, Daman and Diu Citizenship Order (Citizenship Order, for short) on 28/03/1962, under which every person, who was born or whose parents were born before 20/12/1961 in the said territory (falling under the erstwhile Portuguese Colonial Rule) shall be deemed to have become citizens of India on the said date,” the court stated.
“The person shall not be deemed to have become a citizen of India as aforesaid, if within one month from the date of publication of the said order, in the official gazette, the said person makes a declaration in writing to the Administrator of Goa, WP 110/14 25 Daman and Diu or any other Authority specified by him in this behalf to the effect that he chooses to retain the erstwhile citizenship,” it added.
Silva had informed the High Court that the Union Ministry while passing the order in regards to citizenship had not given him a hearing resulting into violation of principles of natural justice. He contended that the Ministry order was based on documents submitted by one John Fernandes.
“It is submitted that there is nothing on record as to how the Indian embassy in Portugal came to the conclusion about the petitioner voluntarily getting his birth registered in Portugal,” Valmiki Menezes representing Silva had argued before Court.
Silva had submitted that he holds an Indian passport and had travelled abroad several times. It was submitted that at no point of time he had voluntarily or otherwise applied for acquisition of Portuguese nationality or for registration of his birth in the Central Registry at Lisbon, Portugal and the finding to that effect is clearly vitiated as being ‘perverse and not borne out of record’.
“It is contended that the petitioner and several other similarly placed persons having opted for Indian citizenship, are still considered by the Portugal Government as Portuguese nationals, as per their law namely, Law No. 2098 of 29/07/1959, Law No. 2112 of 17/02/1962 and Law Decree No. 308-A/75 of 24/06/1975, for no fault of theirs,” he had stated.
Silva had submitted that Fernandes is acting at the behest of Valanka Alemao, who has filed an election petition against him seeking his disqualification. The order in this regard will be pronounced on October 25.
Countering the petitioner’s claim, Fernandes, represented by SS Kantak, informed the Court that the confirmation of Portuguese Nationality has been endorsed in Silva’s birth certificate. “Portuguese Nationality has been given under Article 1, no 1, paragraph (c) of Law No. 37/1981 of 3rd October, process No. 34884/Sit/09 of Central Registrar of Lisbon,” he said quoting the birth certificate.
“It is submitted that as per 1981 and 2006 law, such an endorsement is sufficient to prove all the contents and the fact of such birth being registered. It is, thus, submitted that on and from 21/07/2010, the petitioner has ceased to be an Indian citizen as Article 5 of the Constitution of India does not envisage a dual citizenship,” the respondent countered.
--
Case study
+ The petition is partly allowed. The impugned order (by Ministry of Home Affairs) dated 20/11/2013 is hereby set aside. The matter is remanded to the Competent Authority for deciding it afresh, in accordance with law.
High Court order dated October 20, 2016
+ Caetano Rosario Silva ceased to be a citizen of India from the date he registered his birth with the Central Registry of Births, Marriages and Deaths of Lisbon as Portuguese national wef 21/07/2010.
Union Home Ministry order dated November 20, 2013
Herald Goa News
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