TEAM HERALD
MARGAO: The Supreme Court on Friday set aside the Delhi High Court order directing the Home Ministry (Appropriate Authority) to decide within eight weeks on the complaint of John Fernandes of Varca contending that Benaulim MLA Caitu Silva was a Portuguese national.
When Caitu’s Special Leave Petition came up for hearing on Friday before the Supreme Court bench comprising of Justice G S Singhvi, Justice Mukhopadhyaya and Justice Gopal Gowda, the Court set aside the Delhi High Court order and remitted back for fresh consideration after according the parties with hearing and pleadings.
Caitu said that Justice Singhvi opined that the High Court had erred in making an observation about the citizenship of the Benaulim MLA without property enquiry into the matter, adding that such observations will prejudice the authority deciding the matter.
John Fernandes had filed a complaint to the Minister of Home Affairs stating that the Benaulim MLA was a Portuguese national. While the complaint was under investigation, John approached the Delhi High Court by way of a writ petition principally arguing that his application was not looked into by the Appropriate Authority. The Delhi High Court on May 30, 2013, disposed of the petition with a direction to the Home Affairs to decide John’s application within eight weeks.
