Portugal confirms Ticlo was 'Portuguese' when he contested election
GOANEWS DESK, PANAJI | 16 November 2013 23:05 ISTThis is official. Aldona MLA Glen Ticlo was a Portuguese citizen when he had filed his nomination to contest Goa Assembly election held in March last year.
The Ministry of External Affairs of Portugal has intimated to the Indian Embassy in Portugal that Ticlo surrendered his Portuguese citizenship on 14 January this year.
The letter has now posed an issue before the union home ministry to decide whether Ticlo was an Indian citizen when he contested Assembly election in Goa, the state of Indian Union.
As per the election rules, no foreign citizen can contest election in India.
Based on this, Melwyn Fernandes had filed a petition before the union home ministry on 9 Janaury this year, stating that Ticlo is not Indian citizen but a Portuguese citizen.
Ticlo represents Aldona constituency as the MLA of the ruling Bharatiya Janata Party.
Apparently, the union home ministry had sought an explaination from Portuguese government through Indian embassy in Portugal, in this regard.
In retaliation, Ticlo had approached the Bombay high court at Panaji, to direct the union home ministry not to go into this issue, claiming it to be “politically motivated.”
However, the letter sent by the external affairs ministry of Portugal now proves that he was the Portuguese citizen which he gave up within five days of Fernandes filing the petition before the ministry.
Simultaneously, Congress spokesperson Sudip Tamankar and Amarnath Panajikar had urged Goa Governor Bharat Vir Wanchoo in the first week of January to disqualify Ticlo.
Governor Wanchoo however dismissed the petition in March on technical grounds, stating that he has no powers under Article 192 (1) of the Constitution of India to decide this case.
While welcoming Governor’s decision immediately, BJP spokesperson and NRI Commissioner Dr Wilfred Mesquita had said: “Ticlo is not a Portuguese citizen at this moment.”
Tamankar had produced documents before the Governor, claiming that Ticlo had sought Portuguese citizenship on 27 November 2009.
According to legal experts, though Ticlo is proved to be Portuguese citizen at the time of filing election nomination, a decision in this regard needs to be taken by the union home ministry and not Election Commission of India.
As per the Portuguese law, any person who registered his birth in Portugal becomes a Portuguese citizen.
As per Article 9 of Constitution of India, any Indian who gets foreign citizenship, loses Indian citizenship.
Ticlo case has thus thrown up a challenge before the union home ministry to decide upon the citizenship issue with thousands of Goans confirming their birth registration before Portuguese government.
As all Goans born in Goa before 19 December 1961 (Goa Liberation Day) were considered Portuguese citizens, the Portuguese government grants them citizenship once they confirm their birth registration before the Portuguese government.
The Portuguese government also issues them Portuguese passports, after which they lose Indian citizenship.
However, in Ticlo’s case, he had not opted for Portuguese passport but had confirmed his birth in ‘Portuguese Goa.’
Registering a birth in portugal does not attribute to portuguese nationality. All people born in Goa before 1961 are portuguese citizens by virtue of the Portuguese Constitution of 1931 Article 1. After Goa's conquest by India in 1961 and subsequent imposition of the Administrative Act of 1962, Indain citizenship is forced upon goans. This Act has been illegal and not within the purview of the UN Conventions. Abrogation of Parliamentary Sovereignty over Goa, ammendment of Art 1, the new Constitution of Portugal, 1976 and the Treaties signed in New York, US between India and Portugal, thus gave effect and Goa is officially a sovereign part of India. Until then it was under portuguese administration in exile.
Those who are of the opinion that by mere registering a birth, one is a portuguese national; what legal proof does one have to substantiate claims? The legal world is not based on feelings. Feelings cannot be taken into account in such matters. One should keep it for Love Affairs only.
One should be careful while interpreting foreign documents. Confirmation and cancellation of birth does not confirm nationality status. If that is the case then Sonia Gandhi would still be a Italian National. Has any of us seen proof that her birth or nationality is cancelled/revoked by Italy? We are made to believe it. If the Indian Constitution forbids foreigners contesting or holding Public Offices, then judiciary should be explicit in such matters.
Glen Ticlo is a Portuguese National by birth as I have explained before. Where is the question then if you analyse the lines that follow?
Ernest
I am proud of Portuguese Government that they reject
the idea to stop Portuguese passport for Goans.
Bravo to the Government of Portugal. I humbly request
Portuguese Government do no give more attention those
issue just ignored. This is political goons agenda to create
and gain power.
I am proud of Portuguese Government that they reject
the idea to stop Portuguese passport for Goans.
Bravo to the Government of Portugal. I humbly request
Portuguese Government do no give more attention those
issue just ignored. This is political goons agenda to create
and gain power.
WHAT HAS THE INDIAN GOVT GIVEN US
What has that Indian passport given us accept that is acts a an id proof and 90% rejection from entering outside world
HATS OFF TO PORTUGUESE GOVERNMENT for helping the unfortunate few Indians who are rotting in India and are getting grinded between the political system
The war is against the politicians as they want power and throw others by proving the Portuguese registration of govt officials .. BUT what IS THE MISTAKE OF A COMMON MAN .. why is every one being pulled in to it .....
THE INDIAN govt should ask the Portuguese govt to make certain rules and strictness instead it is asking to stop the facility.
IN SIMPLE WORDS ''' IF YOU cant help someone then why STOP others who are helping
Those who don't want the Portuguese to help then don't take help and keep quite ..... and let others take who need it .