The Benaulim MLA may have little space to maneouvre in the Portuguese
nationality caseNeshwin Almeida | The Goan ,Benaulim01 August 2013
Pic Credit: Sagun GawadeEven as the Benaulim MLA, Caitu Silva is pulling out
all the stops to prove that he is not a Portuguese national, the dice appears
to be loaded against him.The recent Supreme Court order, which has directed the
High Court to hear Caitu in the case, has only managed to buy the distressed
MLA some time.Going by a crucial document, a central government communiqué
between Caitu and the external affairs ministry, produced by Valanka Alemao in
the court, the Benaulim MLA may find it difficult to remain in office.“Section
9 of the Indian Citizenship Act 1955 clearly states that any Indian citizen who
voluntarily acquires a citizenship of another country shall cease to be a
citizen of India. Caitu’s July 2010 registration in the birth and death records
of Lisbon is a clear case of him ceasing to be an Indian citizen,” said noted
lawyer and former MLA Advocate Radharao Gracias.Gracias believes that his cases
against the competent authority, setup by the Home Department to hear cases of
citizenship, filed by his client John Fernandes V/s Caitu Silva and Melwyn
Fernandes v/s Glenn Ticklo will be the deciding factor in disqualifying, both
the Aldona and Benaulim MLAs.“The cases in the High Court and before the
Governor filed by Valanka Alemao won’t hold any water since they don’t have the
authority to decide citizenship matters. My cases before the competent
authority will be the final nail in the coffin of these Portuguese nationals
posing as representatives of the Goa Legislative Assembly,” Gracias
added.Gracias expects the Home Department to give its verdict by early
August.Further, in a significant order Judge Lavande dismissed an objection
raised by Caitu and allowed Valanka to produce a central government
declaration.Valanka presented a communication dated March 18, 2012, addressed
to the Minister of State of External Affairs Minister Preneet Kaur and a
communication by the private secretary K A P Sinha to Kaur dated February 2,
2012, which, according to Alemao, confirms that Silva was a Portuguese citizen
since August 21, 2010.“The irony in this case is that Valanka has filled all my
details from my election candidate affidavit. The HC sent summons to me as
Caitu Silva, Goa with no address. I received none of the four summons from the
court and now it has asked the Home Ministry to decide on my citizenship issue
in 8 weeks. We all know there is a bias hearing happening with the Central
government pressure,” the Benaulim MLA said.Meanwhile, Valanka’s counsel Zilman
Coelho Pereira submitted that the High Court has powers to decide any issue
arising in the election petition, including the issue of citizenship citing the
Bhagwati v/s Rajiv Gandhi matter.Justice Lavande mentioned: “In the case of
Bhagwati Prasad Dixit Gorewala vs Rajiv Gandhi, the Apex Court held that the
High Court trying the election petition can declare Indian citizen as having
acquired citizenship of foreign state only on the basis of declaration made by
the central government. The Apex Court observed that if such a declaration made
by the central government is produced before the High Court trying the election
petition, the High Court has to give effect to it. If such a declaration is not
forthcoming, the High Court should proceed on the ground that the candidate
concerned has not ceased to be an Indian citizen.”
