PANJIM: The order of the High Court of Bombay in Goa in the case involving Benaulim MLA Caetano (Caitu) Silva’s alleged Portuguese citizenship expected this week, will have repercussions on thousands of Goans who have registered their births in Portugal and still hold Indian nationality.
The dual citizenship issue in Goa, which led the Bharatiya Janata Party (BJP) to approach the Central government for help, will find some culmination once the HC delivers its order. Unconfirmed figures claim that approximately two lakh people in Goa hold dual citizenship.
Since 1974, when Portugal made Goans born before 1961 and their children up to the third generation eligible for Portuguese citizenship, thousands of Goans have opted for the nationality.
Goa became a part of the Indian union after 451 years of Portuguese rule in 1961. A few months later, the Central government through a notification under the Citizenship Act 1955 automatically accorded Indian citizenship to every person, who or either of whose parents or any of whose grandparents was born before December 20, 1961, in Goa, Daman and Diu, which were Portuguese colonies.
Police stations across Goa have registered FIRs against various individuals and personalities in public life that includes police officers, village sarpanchas, advocates, 500 persons working with the government and six staffers of the High Court based on complaints with documentary proof of them having their births registered in Portugal.
There are a number of cases on the Portuguese citizenship issue pending before various courts in Goa filed by social activists against public functionaries, including MLAs Glenn Ticlo (BJP, Aldona) and former minister Aleixo Sequeira. The High Court judgement will decide the fate of most of these cases.
The High Court has already heard the case against Silva in which he has challenged the order of the Prescribed Authority, the Ministry of Home Affairs, Government of India. The authority in its order dated November 20, 2013, based on a petition filed by John Fernandes of Colva, ruled that Caetano Silva who is resident of Goa ceased to be a citizen of India from the date he registered his birth with the Central Registry of Births, Marriages and Death of Lisbon as a Portuguese national. (Detail of order on review page).
Silva challenged this order before the High Court in Delhi, however, it was shifted to the Goa Bench as there was already one petition pending before the this bench filed by Valanka Alemao. Alemao has also filed a petition before the HC under the Peoples Representation Act seeking quashing of Silva’s election stating he holds Portuguese citizenship. She had contested the 2012 elections against Silva and lost.
Social activist Kashinath Shetye intervened in the Silva case and submitted an order of the Supreme Court of India dated 1969, wherein a division bench of five judges, pronouncing the order in the petition of Rev Mons Sebastiao Francisco versus the Goa, had said that any person opting for Portuguese citizenship anytime will be treated as a foreigner and prosecuted under relevant laws in force.
The order of the Home Ministry in Silva’s case was on similar lines as that given by the Supreme Court.
