Is Caitu case a wake-up call for other 'Portuguese Indians'?
GOANEWS DESK, PANAJI | 26 November 2013 22:14 IST
Will the case of Benaulim MLA Caitu Silva, a Portuguese citizen who has ceased to be Indian national, be a wake-up call to thousands of Goans, who have sought Portuguese passport or citizenship?
No; says the opposition Congress.
The ruling Bharatiya Janata Party however feels it is a representative case.
According to BJP vice president Dr Wilfred Mesquita, who is also the NRI Commissioner, the party would fight Caitu’s case as it could otherwise affect thousands of Goans, who have sought Portuguese citizenship.
Chief minister Manohar Parrikar, on several occasions, has said that the government has deleted names of all these Portuguese citizens from the electoral roll, as they have ceased to be Indian citizens.
Ramakant Khalap, the Congress leader and former union law minister, however refuses to buy the argument that Caitu case would affect other Goans.
Since Portugal considered all Goans born before Goan liberation on 19 December 1961 as its own citizens, the country has allowed re-registration of their birth in Portugal.
In addition, thousands of Goans have also surrendered their Indian passports while seeking Portuguese citizenship and the passport.
These Goans use Portugal as a corridor to enter European countries for jobs, since Goa’s former colonial ruler is the member of European Union.
“They do it to seek job in Europe but Caitu has remained in Goa and is elected to the Goa Assembly, by going against the Constitution”, argues Khalap.
According to him, Goans opting for Portuguese citizenship is equivalent to NRIs seeking Green Card of the USA.
“They are allowed to come and stay in India and also own ancestral property, except few restrictions like buying agricultural property”, said Khalap.
He argues that Indian government has framed Overseas Citizens of India rules precisely for this purpose and even Goans seeking Portuguese citizenship would enjoy its fruits.
“But they can neither vote in India nor can contest election, which is the case with Caitu”, he argues.
re: this from Mr. Khalap: 'Goans opting for Portuguese citizenship is equivalent to NRIs seeking Green Card of the USA', I'd say that Mr. Khalap is quite astonishingly mal-informed.
(1) There are countless Indian citizens who have the US Green Card. There is NO (Indian) Constitutional limitation for Indians in the matter of the Green Card, which is only a certificate of Permanent Residence (not citizenship).
2: As a lawyer, Mr. Khalap surely knows that 'opting for' or 'seeking' another nationality does not automatically cause one to cease to be an Indian citizen. It is the obtaining of another citizenship which causes one to lose Indian citizenship
Adv. Radharao,Adv.Clefato and congress leaders
are rubbish allegation about Caitu. These lawyers are no
job to do, they want anything to create problems so that
they earn. BJP fight for Caitu it is good sign of
BJP keep it up and defeat those lawyers and congress
goonda. Congress are so hungry for power Mr. Modi will
teach them next pumping . God knows how may foreign
passports holder in Congress party time will come to dig
if Caitu failed. .BJP Support Caitu and throw those goons
in dustbin.
.
Perhaps Mr Khalap should go and refer the United Nations resolution with regards to invasion of Goa by the Indian Army in 1961.
It is a shame that Mr khalap is making generalised statements on Portuguese Nationality, despite the fact being a Lawyer.
Overseas Citizen Of India as defined in the Indian Constitution refers to a person who has acquired foreign nationality. OCI is a tool used by the Indian Government to keep its former Citizens under its control. Eg. In the event that the former Citizen commits a offence/crime , then the Indian Govt need not use the extradition treaty with the foreign country where such former indian citizen resides, but can enter his habitat and can arrest him.
Such are the miracles of OCI. These are the so called 'fruits' as described by Mr Khalap.
Being a lawyer, Can Khalap prove that Caitu has acquired Portuguese nationality ? It is easy to sing a song but impossible to cite and write one with justifications.
Just because MHA has issued a notice that Caitu ceases to be Indian National, does not necessarily mean that the defendant should accept it literally as it is. If this is the case, then Why doesn't Khalap raise a Constitutionally issue that a Foreign National by name Sonia Gandhi holds a Public Office? It looks like Italy is geographically within the boundaries and a former Princely State of India whereas Goa is in European Continent, therefore a proven Euro state currently under the jurisdiction of India. Therefore the Rule of Law is only applicable to certain sections and not for the people I have mentioned.
I hope that the Law Commission re-write the Codes where applicable and prove that as society changes, approach also