CB moves JMFC for closure of case against Adv Gomes
11th January 2017, 05:10 Hrs
The Crime Branch has moved the Judicial Magistrate First Class, Margao, to close the Portuguese citizenship case registered against city-based lawyer, Adv Rajiv Gomes, on grounds that only the central government has the exclusive jurisdiction to decide questions regarding loss of Indian citizenship and acquisition of citizenship of a foreign country, asserting that no other forum in India has the power to decide this question. rnReacting to the decision, Adv Gomes hoped that the Crime Branch decision will cap all doubts on such matters, saying only the Presiding Authority in the Union Home Ministry is authorized to deal with citizenship issues.
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The Crime Branch had registered a case against Adv Gomes following a complaint lodged by Santan Piedade Afonso, president of the Cuncolim Peoples; Forum on February 3, 2016, alleging that the lawyer is not an Indian citizen. He had claimed that the birth of Adv Gomes was registered in the Central Registry of Births, Marriage, and Deaths of Lisbon, Portugal as Assento de Nascimento No.1036066/2010 on April 15, 2010.
In the application, the Crime Branch has submitted before the court that investigations have revealed that there is nothing on record to establish that the accused person has acquired citizenship of a foreign country or that the accused have lost his Indian citizenship and ceased to be an Indian national.
The CB said the law in force cannot place its reliance on documents enclosed by the complainant i.e. photo copy of birth certificate issued by the by Conservatoria dos Registos Centrais, Lisboan with his complaint to substantiate his claim that the accused is a foreign national. “The accused is in possession of Indian passport and has not surrendered the same to the issuing authority. The accused person has not renounced his Indian Citizenship before any authority,” the application stated.
The complainant has produced coloured photo copy of birth certificate issued by the Conservatoria dos Registos Centrais, Lisboa.
The SC has reiterated that the Central government has the exclusive jurisdiction to decide questions regarding loss of citizenship.