Caitu apparently registered 'Portuguese' birth in 2010
GOANEWS DESK, PANAJI | 27 April 2012 00:08 IST
A high court petition filed against Benaulim MLA Caetano Silva alias Caitu alleges that he registered his birth in Portugal just two years ago, on 21 July 2010, claiming that it amounts to having Portuguese citizenship.
The petition is filed by Valanka Alemao, the Congress candidate, who lost against him in the recently held Assembly election.
Valanka has thus sought Caitu’s disqualification since he become a Portuguese citizen, who cannot contest election in India.
Though she had filed the petition on 18 April, she had declined to comment on its content stating that it won’t be proper on her part to disclose it.
However, in his regular blog on goanews.com, eminent lawyer Adv Cleofato Almeida Coutinho has revealed the basic fact of the petition.
Accordingly, Valanka has claimed that “Caitu voluntarily acquired the citizenship of Portugal (on 21 July 2010). She claims that Caitu got his birth registered with the Central Registrar of Births, Marriages and Deaths of Lisbon.”
The blog further states: “It is claimed that Caitu’s application in file No. 1069537/10 the Central registrar of Birth, Marriages and Death of Lisbon registered the birth of ‘Caitu’ under No. 977517 of 2010 (These are allegations to be proved).”
According to Adv Coutinho, Article 1 of the “Organic Law of 2006” of Portugal has three clauses defining people of Portuguese origin. One of these clauses is: “The children of Portuguese mother or Portuguese father born abroad, if they have their birth inscribed in the Portuguese civil Registers or they declare that they want to be Portuguese.”
Under the Portuguese Law, states Adv Coutinho in his blog, nationality of an individual is proved by birth registration.
If the accusation is correct, then a Portuguese citizen functioning as Goa MLA shall be a fraud on the Constitution of India, he states.
Under the Constitution of India, points out Adv Coutinho, no person can be a citizen of India if he/she has voluntarily acquired the citizenship of any foreign country.
One of the fundamental criteria to contest elections in India is that the candidate must be a citizen of India, he observes.
He has apparently suppressed this fact from the constitutional authority – the Election Commission of India.
Frustrated Valanka filed a petition in a high court at Goa against Benaulim MLA Caetano Silva alias Caitu alleges that he registered his birth in Portugal just two years ago, on 21 July 2010, hence amounts to having Portuguese citizenship. She also prayed to disqualify Caitu and reinstate her as MLA of Benaulim as she is the second highest vote getter.
First thing that comes to my mind is why did Valanka opt to by-pass the Legal obligations & Authority of the Goa State Legislature Speaker, and even that of the Election Commission of India and preferred to file a petition in the high court?
The filed petition spines round three aspects: 1) what is ‘Cartao de cidadao’ which was formerly called ‘Bilhete de identidade’; 2) The Portuguese Nationality Act - Law 37/81to understand the distinctions between Origin and Naturalization and 3) Does registering birth alone in Portugal makes the person Portugal Citizen.
As reported by many local dailies, Silva is born in Goa and holds and uses only India Passport while traveling out of Goa. ‘Cartao de cidadao’ document only indicates that the person holding this document is born during Portuguese regime or has legacy of close relative (father, mother, grand fathers/mothers, etc.) born during that regime. This document only entitles the person to travel freely in any EU countries. Holding this document or registering birth in Portugal in no way amounts to having Portuguese Citizen.
Most importantly, if only registering birth in Portugal makes a person Portuguese Citizens than all Goans born on or before 19th December 1961 will have to be considered as Portuguese Citizens, which in fact they are, for they have not renounced their original Portuguese citizenship. In this context all (mostly) seating MLAs of Goa assembly automatically becomes Portuguese Citizens as they have till date not renounced their original Portuguese Citizenship! Actually many Catholics in Goa including Churchill, Eduardo, and many other famous personalities do have exclusive Portuguese Passport apart from holding Indian Citizenship and residing and claiming all benefits of Indian Citizens!
Going little further, according to Valanka, Sonia Gandhi also becomes Italian Citizen by birth as her birth being registered in Italy!! So now what?
Valanka Alemao must stop this nonsence issue of
Mr. Caitu's citizenship. Do not try to take revenge
because you lost election cake.People of Benaulim
have taken Alemao family for the ride due to
corruption and goonda raj. Because such dirty
politics of Alemao's family congress lost this election,
every one aware, then why to try jeopardize others
figure because of your lost election, come on Valanka
Bai do not put dirt being a lawyer you will not in picture
next election list in congress party.You will not benefit
nor award from people of Benaulim such issue.
People of Goa fedup your issue. no meaning or
make any sense. So close this file of Caitu and be a
good and clean lawyer, Practice in courts and not
dirty fields.
I’m reposting my comment dated 25 MAY 2012 18:26 IST because this comment carried a mistake while expressing my opinion.
My comment, after required change, is as follows: -
Frustrated Valanka filed a petition in the High Court at Goa against Benaulim MLA Caetano Silva alias Caitu alleging that he registered his birth in Portugal just two years ago, on 21 July 2010, hence it amounts to his having Portuguese citizenship. She also prayed to disqualify Caitu and reinstate her as MLA of Benaulim as she is the second highest vote getter.
The filed petition spins round three aspects: 1) what is ‘Cartao de cidadao’ which was formerly called ‘Bilhete de identidade’; 2) The Portuguese Nationality Act - Law 37/81 to understand the distinctions between Origin and Naturalization and 3) Does registering birth alone in Portugal makes the person Portugal Citizen.
As reported by many local dailies, Silva is born in Goa and holds and uses only Indian assport while traveling out of Goa. ‘Cartao de cidadao’ document only indicates that the person holding this document is born during Portuguese regime or has legacy of close relative (father, mother, grand fathers/mothers, etc.) born during that regime. This document only entitles the person to travel freely in any EU countries. Holding this document or registering birth in Portugal in no way amounts to having Portuguese Citizen.
Most importantly, if only registering birth in Portugal makes a person Portuguese Citizens than all Goans born on or before 19th December 1961 will have to be considered as Portuguese Citizens, which in fact they are, for they have not officially renounced their original Portuguese citizenship. In this context all (mostly) seating MLAs of Goa assembly automatically becomes Portuguese Citizens as they have till date not renounced their original Portuguese Citizenship, which they were having as on 19-12-1961.
Actually many Catholics in Goa including Churchill, Eduardo, Luizinho and many other famous personalities do have exclusive Portuguese Passport apart from holding Indian Passport and Citizenship. Portugal, America and some other nations do allow dual citizenship but Indian government does not accept dual citizenship! Yet these Portuguese passport holders enjoy the benefits of dual citizenship illegally by residing in Goa and claiming all benefits of Indian Citizens and even becoming ministers of Goa leave alone becoming MLAs!
Going little further, according to Valanka, Sonia Gandhi also becomes Italian Citizen as she is born in Italy and her birth is registered in Italy!! So now what?