TEAM HERALD
teamherald@herald-goa.com
MARGAO: Former Solicitor General of India and Senior Advocate Manohar Usgaonkar on Wednesday said the High Court has no power to decide the question of citizenship saying the power lies with the Central government.
In his opinion, Adv Usgaonkar further said that mere registration of birth by an Indian citizen in Portugal would not take away his Indian citizenship, adding that it would be a different story if the person obtains a passport after registering his birth in Portugal.
Speaking at the first anniversary celebrations of city-based NGO Goencho Fuddar on Goans concern over dual citizenship issue, Adv Usgaonkar said the Central government is the authority to decide questions of citizenship.
“The High Court has no power to decide the question of citizenship. The Centre during its inquiry may refer to the embassy or the government to get a report on the person concerned”, he said, adding that the rules say that passport shall be a conclusive proof that you have acquired the citizenship.
Elaborating on the meaning of passport, he referred to the Supreme Court Judgment in Satwant Singh Sawhney v APO New Delhi stating “it is a document of identity, it is a prima facie evidence of nationality, in modern times it not only controls exit from the State to which one belongs, but without it, with a few exceptions, it is not possible to enter another State. It has become a condition of free travel”.
Touching the question of dual citizenship, Adv Usgaonkar said that there is no provision for dual citizenship for Indian citizens. “What the government confers is Overseas Citizenship of India (OCI), which is not dual citizenship. The OCI does not confer equality of opportunities. It denies to the holder registration of voters and the holder cannot be elected to the post of President of India, Vice-president or appointed as a Judge of the Supreme Court or High Court”.
In his address, NRI Commissioner Dr Wilfred Mesquita expressed concern over the demographic imbalance created by immigration in the State.
“It is painful that people are leaving the State, while the void is filled by others. We have reached a state of degradation. We must support the demand for Special Status and seek special concessions to stop migration and stop the demographic imbalance”, he said.
Goencho Fuddar President Adv Jagdish Prabhudessai and others also spoke.