Team Herald
MARGAO: South Goa Additional Sessions Judge Vincent D’Silva on Wednesday dismissed the plea to lodge FIRs against Sara and Sharon, daughters of former PWD minister Churchill Alemao, for holding dual citizenship.
In 2014, Kashinath Shetye, Mahesh Kamat and Dr Ketan Goverkar had moved the Sessions Court with a revised application against the order of the Judicial Magistrate First Class, Margao, seeking directions to the Colva police to lodge the FIRs
The complainants had filed separate applications at Colva police station in March 2014 alleging that Sara and Sharon have registered their birth in Portugal and so hold dual citizenship. The complainants had alleged that the Alemao had committed an offence under the Foreigner’s Act, Indian Citizenship Act, Passport Act and under the Indian Penal Code and pose a threat to national security.
In separate judgements, Judge Vincent D’Silva made it clear that it is the ‘Prescribed Authority constituted under the Citizenship Act, 1955, which has to determine the question of acquisition of citizenship of another country’ by the person alleged in the complaint before cognizance is taken of any complaint.
Judge D’Silva pointed out that the Supreme Court in the case of the government of Andhra Pradesh vs Syed Mohd Khan, has held that the question as to whether a person has lost his citizenship of the country and has acquired the citizenship of a foreign country has to be tried by the central government. He added that it is only after the central government has decided this point that the State government can deal with the person as a foreigner.
Referring to the production on record of copies of certificates of registration of births of Sara and Sharon in Portugal in 2009, he said there is nothing on record stating that the Alemao sisters hold Portuguese passport or have renounced Indian citizenship as contemplated under Section 8 and 9 of the Citizenship Act, 1955.
The judge also pointed out that the complainants’ have not produced anything on record stating the Sara and Sharon have lost their Indian citizenship and acquired Portuguese citizenship or that the central government has decided the question regarding loss of Indian citizenship and acquisition of citizenship of Portugal by the duo.
