TEAM HERALD
NEW DELHI: Benaulim legislator Caetano “Caitu” Rosario Silva of Goa Vikas Party on Monday secured an interim relief of eight weeks from Delhi High Court against the Home Ministry order against his Indian citizenship to enable him to present his case before the Goa bench of the Bombay High Court.
A single-judge bench of Justice Manmohan consented to the Home Ministry’s plea that Silva be allowed to present his before the Goa bench challenging the ministry’s November 20, 2013 order declaring him a Portuguese citizen.
Silva has challenged the order as it adversely impacts his membership of the Goa assembly since a non-Indian cannot contest or be a member of any House in India.
In a short ruling, the judge directed the MLA to move the Goa Bench within eight weeks with the same pleading in the writ petition before Delhi High Court for quashing the Home Ministry’s order, holding that no action shall be taken on the ministry’s order in the meanwhile.
Goa Advocate General Atmaram Nadkarni appeared in the court on behalf of the state government, while Silva’s case was pleaded by advocates Neeraj Kaul and David Rao. Former Additional Solicitor General Harin Rawal, who represents defeated Congress candidate Valanka Alemao in the Supreme Court, appeared on behalf of John Fernandes, whose application led to the Home Ministry’s order.
Meanwhile, Silva’s petition challenging reversal of an order of the Goa Bench in the election petition of Valanka is listed for hearing in the Supreme Court on January 30.
Silva’s petition challenging reversal of an order of the Goa Bench in the election petition of Valanka is listed for hearing in the Supreme Court on January 30.
