Duel over dual citizenship
A petition has been filed in the High Court of Bombay at Goa asking for an FIR (first information report) to be filed against two police officers, two legislators, 43 advocates, six persons working under the High Court Of Bombay at Goa and 500 other persons working or retired in government departments for having dual citizenship and being a threat to national security.
The petition (stamp no 829 of 2013) filed on March 25 says, “The urgent intervention of this Honorable Court is necessary to grant necessary directions to ensure that the FIR registered by the respondents individually or by forming an Special Investigating Team on the complaint received from the petitioners and investigated fairly and taken to their logical conclusion as per law.” The petition argued that these offences “cannot be allowed to be glossed over and swept under the carpet in the manner that it is sought to be done.”
A complaint has also been filed before the National Investigation Agency, Central Bureau of Investigation, Anti Corruption Bureau and CID, for having dual citizenship and arguing that they could pose a threat to national security.
The petition points out to an earlier petition (No. 5 of 2013 filed by Kashinath Jairam Shetye versus the State of Goa, and an order by Justice V M Kanad and Justice U V Bakre, which states that the petitioner~ who is appearing in person~ submits that when the complaint was filed, did not have the entire particulars with him. He submits that these particulars are now made available. He, therefore, submits that he may be permitted to withdraw the writ petition and complaint which has been filed by him with liberty to file fresh complaint giving more particulars. “The petition and complaint are accordingly allowed to be withdrawn with liberty to file a fresh complaint after giving necessary particulars making out a case for registration of an offence,” the order reads.
Accordingly, the petitioners have filed a fresh complaint as per the order attaching proof of the material available with them. .
The applicants said that they have produced the proof of citizenship acquired by the alleged persons. “The petitioners said they were attaching as proof that they were acquiring Portuguese citizenship photocopies of documents regarding registration of citizenship of MLA Glenn John Vijay Ambrose e Souza Ticlo; photocopies of documents regarding registration of citizenship of Superintendent of Police Jose Allen Fred De Sa; photocopies of documents regarding registration of citizenship of Police Inspector Edwin Marcelino Sumitr Colaco and photocopies of documents of MLA Caitu Silva. The petition also includes the Portuguese Citizenship Act translated In English.
According to the application Glenn Ticlo, Caitu Silva, Jose Allen De Sa , Edwin Colaco and others ( including advocates) have registered their birth in Portugal and they are Portuguese nationals from that date and their Indian citizenship has been taken away by law and they are foreigners in Goa and India and have to be deported.
The petition prays that the two legislators, Superintendent of Police Jose Allen De Sa, Police Inspector Edwin Colaco and others be prosecuted under Section 14 of Foreigners Act, under Section 4 & 5 of the Registration of Foreigners Act 1939 and under Section 12 of the Passport Act 1967. It also wants them to be prosecuted under Section 119, 177, 217, 218, 420, 467, 468, 471 120-B and 34.
“The court should take action on all respondents for deliberate dereliction of duty, designedly defective investigation, intentional acts of omission and commission prejudicial to the case of the prosecution, in breach of professional standards and investigative requirements of law, during the course of the investigation by the investigating agency for not registering the FIR and help the politicians to wipe out the evidence.”
Further, the courts would be fully justified in directing the disciplinary authorities to take appropriate disciplinary or other action in accordance with law, whether such officer, expert or employee witness, is in service or has since retired, the petition says.
“Records will reveal that virtually no investigation has been made and no FIR was registered . Though some documents have apparently been seized and taken into custody, to the best of the petitioner’s knowledge, no serious investigation has been conducted in the matter due to heavy political pressure in connivance and in criminal conspiracy with highly placed government officials named or unnamed,” it alleges. [H]