On  Indian /Portuguese Citizenship
CM’s statement dtd 8/9.4.13 in the house on ‘Citizenship for
children of Goans born abroad’ is fine.
But his remark on the MLA/s (Ticlo etc) was controversial or
misleading?
CM said ‘ this will give some relief to MLA (ticlo)’ and
others against whom disqualification petition is 
pending in the High Court (it
was also filed with Goa Governor and ECI).
 Don’t really understand what it has to with the said case.
 The petitioners claim they have proof or document saying
they acquired Portuguese Citzenship some years ago and not decades ago. Which 
could
mean they got themselves (birth) registered either through person or though
agents or attorneys.
http://www.flickr.com/photos/joegoaukextra4/8349473202/sizes/l/in/photostream/
  
One will only register his birth into another country with
the sole intension of acquiring Citizenship or Passport of that Country.
 
I was born in 40’s which mean, I was Protuguese then or
until 1962.
I became Indian by default or acquired Indian Citizenship by
‘Naturalisation’ 
 
But those who become citizens of a country by registering
their birth etc there (as in MLAs case as alleged) they are deemed to have 
acquired their
citizenships by ‘Registration’
 
Source: Indian Nationality Laws (Wekipedia)
Section 9(1) of the Indian Citizenship Act says that any
citizen of India who by Naturalisation or Registration acquires the citizenship
of another country shall cease to be a citizen of India
 On 16 February 1962, a Constitution Bench of the Supreme
Court of India held in the case of Izhar Ahmad Khan Vs. Union of India that
"If it is shown that the person has acquired foreign citizenship either by
naturalisation or registration, there can be no doubt that he ceases to be a
citizen of India in consequence of such naturalisation or registration."
 Earlier (Jan 2013) too, Parrikar raked similar controversy
saying all those (including him) who born before 1961 are Portuguese nationals
(listen to it live here)
 http://youtu.be/MHMGr39dlm0?t=20m48s
 
Yes, Mr. CM but all of them become Indians by default
(naturalisation) as of Dec.19, 1961 or 62. Like you, it is assumed Ticlo's also
born in 'Portuguese Goa' who also become Indian by 'naturalisation' basis on
which he acquired Indian Passport. looks like he has recently acquired
Portuguese Citizenship by 'Registration' in Portugal. Citizenship by birth, 
naturalisation
and registration may not mean the same. If Ticlo is out then Caitu be out too
(for the same reasons) –
Registration in Portugal, one need not  travel to Portugal, he can appoint an 
agent
give power of attorney to act on your behalf. There are plenty such agents who
would do the job for a fee. Just open Herald, Navhind Times, Times of India on
any day and one will find a total of at least 15 ads .
 Note: This is the way I look at it, Govt or the court may see
it differently

  


----- Original Message -----
From: Frederick FN Noronha *  फ्रेड्रिक नोरोन्या * فريدريك نورونيا  
<fredericknoron...@gmail.com>
To: "Goa's premiere mailing list, estb. 1994!" <goanet@lists.goanet.org>
Cc: 
Sent: Wednesday, 10 April 2013 1:25 AM
Subject: [Goanet-News] NEWS: Citizenship for Goans born abroad (Herald)

Citizenship for Goans born abroad
April 9, 2013

TEAM HERALD

teamher...@herald-goa.com

PANJIM: The State Home Department is pursuing the cases of Goans born
abroad for grant Indian citizenship with Union Ministry of Home Affairs,
and once this is done, they would be able to obtain Indian passports ~ a
development that could well provide welcome relief to Benaulim MLA Caitan
Silva and Aldona MLA Glenn Ticlo, both of whom are embroiled in court cases
over their alleged ‘Portuguese citizenship’.


Chief Minister Manohar Parrikar informed the State legislative Assembly on
Monday that the Union Ministry vide a February 1, 2013 letter, has
confirmed to State government that ‘persons of Goan origin who were born
abroad before (Goa’s) Liberation shall be deemed to have become Citizens of
India, provided their parents or their grandparents were born before
December 20, 1961 in the territories comprising Goa, Daman and Diu and they
had not made declaration in writing to retain the citizenship or
nationality within 30 days’.

“Accordingly, the persons who were born abroad to Goan parents holding
Indian citizenship as per Goa, Daman and Diu (citizenship) order, 1962,
shall be citizens of India provided their births have been registered in
Indian Missions abroad,” Parrikar clarified.

Parrikar said that election/voting cards and other documents apart from
having completed school and college education in Goa, should be accepted to
be proof of having resided in Goa since long.

Chief Minister said that the reply will give a relief to MLAs ~ Caitan
Silva and Glenn Ticlo, whose citizenship has been challenged in the High
Court.

Parrikar was replying during the calling attention motion moved by Tivim
MLA Kiran Kandolkar who pointed out that the Goans born outside the country
are being denied Indian passport on the grounds of having to prove their
citizenship. Kandolkar sought to know the steps government intends to take
in the matter.

Parrikar informed the House that government was aware of the issue and the
Commissioner for NRI affairs took up the matter with the Union Home
Secretary in July 2012 including difficulties faced by Goans born abroad
before and after Liberation in getting Indian citizenship.

http://oheraldo.in/News/Main%20Page%20News/Citizenship-for-Goans-born-abroad/72970.html
  • ... Frederick FN Noronha * फ्रेड्रिक नोरोन्या * فريدريك نورونيا
    • ... JoeGoaUk

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