Caitu citizenship: CM calls it fraud, Radha says it's genuine

GOANEWS DESK, PANAJI | 27 November 2013 21:28 IST

Chief minister Manohar Parrikar suspects a foul play in the issue of Caitu’s Portuguese citizenship while terms the union home ministry’s order on his citizenship a fraud.

He also claimed that Caitu neither went to Portugal to register his birth there nor he renounced his Indian citizenship.

“As per the Portuguese act, you need to affirm an oath in the registration office that you are renouncing your citizenship in another country, which Caitu has not done”, said Parrikar.

According to him, the birth registration might have been done by some third person or an agent.

When asked, Parrikar however did not say whether he terms it a forgery by an unknown third party.

Goa Vikas Party, with Caitu and his leader Mickky Pacheco from Nuvem, supports the coalition government led by BJP’s Parrikar.

“Caitu does not lose his Indian citizenship just because his birth is registered in Portugal”, claimed the chief minister.

Neither Caitu nor other Goans, who have registered their birth in Portugal, lose their Indian citizenship, he added.

The argument however is being countered by Adv Radharao Gracias, who has been fighting a case on behalf of John Fernandes, who had sought Caitu’s information from the union home ministry.

According to Gracias, chief minister is not the competent authority but the Government of India (means the union home ministry.)

At the most, the courts can give a verdict on it, not the chief minister of the state, argued Gracias.

He also told goanews.com that the Portuguese law allows power of attorney to go to Portugal to register the birth and Caitu need not go personally to register it.

He also informed that it was not a fresh birth registration but transcribing your birth in ‘Portuguese Goa’ in the central registry once again.

In Caitu’s case, Gracias said it could not be another Caitu as Parrikar claims since it is registered with a reference to his original birth certificate and address, while mentioning who are his parents as well as grandparents. 

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There is no need to go to Portugal to register birth. Caitu must have registered his birth through the Portuguese consulate or directly in the Central Conservatory, Lisbon through some agent as is being done by many Goans.

The point is that just by registering the birth in Portugal, one does not become a Portuguese.

If a Goan born in Australia registers his birth in Australia , that does not make that person an Australian (just an example).

It is only when the person gives up his Indian nationality and accepts Portuguese nationality that he becomes a foreigner in Goa.

This issue needs to be examined by the highest court as it has far reaching consequences for many people from Goa, Daman and Diu.

The interpretation of Caitu's case (too many such cases are there in Goa, Daman & Diu), seems to be wrong.

- Francisco, Goa | 06 th December 2013 17:17

 

It seems like this John Fernandes along with Churchills battery of Advocate`s, have nothing better to do.

Both are financed by Churchill Alemao.

The Alemao`s are trying their hardest to divert attention of the authorities and Goan public from their own criminal activities, currently under investigation.

With the Lok sabha elections around the corner, the Alemao`s along with their stooges are hoping to deter others from contesting the elections.

The Alemao`s have already sponsored & filed high profile cases against Caitu. What they have not done themselves , they have got others to do at their behest.

These cases are being dealt with by the High Court & Supreme Court. So what further benefit are they hoping to derive from filing yet another(FIR), with the Local Police?.

Hopefully the Courts will finally realise that the Alemaos have malicious intentions. The Courts will surely view all these cases as being "VEXATIOUS LITIGATIONS.

These actions will be viewed as; pure harassment and frivolous.

Most Goans are now beginning to see the bigger picture of the wickedly Corrupt Alemao`s.

Filing Case after Case after Case against Caitu indicates that the Alemaos are losing too much sleep and have rather a lot of looted money to squander.



- N.Fernandes, London | 03 rd December 2013 14:26

 

There is something wrong somewhere. As a person without knwoledge of law, I do not think Goans become Portuguese nationals just by registering their names.

Many Goans fall in this category wherein they have registered their names so that not they but their children can acquire Portuguese nationality and migrate to Europe for better prospects. We can understand their intention since young people, even after good education, do not get jobs in Goa.

Politics should not play any role in this important issue.

In any case, this needs judicial clarification.

If just by registering names one becomes Portuguese, thousands of Goans including very old people will be deemed to be foreigners in Goa. There are many who are innocent and did not know that this will be their fate.

The legal position in such case needs thorough study.

Politicians of Goa, irrespective of their party affiliations should think before shouting at the top of their voices, what implications will be there for many of their own constituents who worked to get them elected.

Personally, as a layman, I feel that only after one gives up Indian nationality and take Portuguese passport, such a person becomes a foreigner.

Politics of Benaulim and Tivim should not put innocent people in trouble because they did not know that just be registering, they become Portuguese.

CM should also instruct police accordingly as they have already begun acting on similar cases e.g. case of Margao Municipal councilor.

- Francisco, Goa | 02 nd December 2013 18:22

 

I see how Mr. Parrikar who was known to be fighting for justice and 0% corruption allowing elements who are not having Indian nationality to contest elections. It was the responsibility of the party in this case the BJP to see that the canditates have the required qualifications/qualities to contest elections. Shame on the party. People of Goa have been misguided by the BJP and other parties this time.

Secondly at the national level though Sonia Gandhi being a Indian national issue was raised about her occupying the prime ministers chair and it was the same BJP at the national level. They had issues about her nationality. Now BJP the same party allows and protects non-nationals being MLA's. Such a shame.

I am an NRI and if you see from outside Goa the image of Goa has been so badly tarnished during the last few months since BJP has come to power is really alarming. Such a shame on Governance.

- Savio, Goa | 01 st December 2013 10:50

 

Joaquim Dias , Seraulim :::

Following the Citizenship issue, it seems like the word/phrase "National Threat " is being used with utter abandon of plain common -sense.

Perhaps you could explain in candid detail what realistic "National threat " you actually perceive, as far as Caitu & Ticlo are concerned.

As far as I am aware , these guys have strong family backgrounds & connections to Goa.



Their acquisition of Portuguese Passports /Citizenship is purely for economic reasons and enablement of their kids to study/work abroad.

Many Goans,with Indian Passports travel to the Gulf for economic reasons. Are you sure none of them "could" be a National Threat?. After all the Middle East is a hot bed of terrorism.

Are these guys acting as Spies, for some foreign Country like China or Pakistan? .. or Agents of Terrorist cells? ...or even "Sleeper Terrorists"?

Have you ever conducted any research into the background of these guys?

Are you able to provide any proof that these guys are a real threat and what would the threat be.



Aren`t Indian Intelligence agencies able to confirm if these guys are a real threat?

Your answer will be interesting.

- N.Fernandes, London | 28 th November 2013 01:21

 

1. Till date Government has no machinery or system in place to immediately check if any of its citizen has acquired foreign nationality.

2. Government is only relying on the Affidavits filed by the candidates contesting the elections and have no clue of its own citizen’s applying for or acquiring foreign nationality.

3. It is evident through this case that another country is poaching from a few states the nationals of India without the knowledge of the Govt. of India. Nothing is being done by the Govt. to prevent other countries from poaching its citizens.

4. I understand that John Fernandes filed a petition before the home ministry asking if Caetano Silva is a national of India in spite of knowing that his birth was registered in Portugal. It is evident that John himself was not aware of the laws pertaining to nationality therefore he sought clarifications from the home ministry. Otherwise they could have directly asked the state election commission to disqualify Mr. Caetano Silva based on the documents in their possession.

5. The home ministry took about one year just to answer a simple question if Mr. Caetano Silva was a national of India or Portugal once he register his birth in Portugal. It is again evident that the home ministry does not have its own systems and process to check on its nationals so I believe they asked the Portugese Govt whether Mr. Silva was a national of their country.

6. Portugal Govt. has stated that Mr. Caetano Silva is a national of Portugal after checking his birth records in Portugal.

7. The questions that are raised now are :

What is the say of Indian Govt. ? is he a Indian national or not ? and if No, under what circumstances you loose your Indian nationality. Is it after voluntarily surrendering the same ? or after someone else bring to the notice of the Govt. about another citizen acquiring other nationality. When did Mr. Silva last travelled abroad ? How did he enter India again ? was it Indian passport or Portuguese passport ? If on Indian passport, How is he still holding the Indian passport ? How his name still appears on the Electoral Roll ? Is it possible for a foreign national to get himself registered as a voter in India and after that swear a false affidavit to contest the Elections ?

8. I feel as per Indian records he is the Citizen of India and he swore the affidavits based on his knowledge about the Indian law and Indian Constitution at the time of filing his nomination papers as there was no known verdicts on this issue at that time.

9. If Mr. Caetano Silva is not a citizen according to Indian laws

i) he should be deported. Also all those people who are now citizens of Portugal and are occupying positions in Legislative Assembly, Judiciary, Govt. administration, Home Department, private organization, etc. should be deported as they are threats to the Nation. Freeze all the Bank Accounts and assets of these people in India. Is it possible and fair ?

ii) Administration of the state is functioning through foreign nationals.

iii) Legislations of the state are formulated by foreign nationals. Doubts are also raised on the nationality of MP’s.

iv) Foreign Nationals are employed by the Home Department which is a risk to the state’s and national security.

v) Caetano Silva was declared the Member of Legislative Assembly by the Government without scrutinizing the documents and also without verifying his nationality.

vi) Caetano Silva has participated in various debates and discussions in formulating legislations for the state. He has also voted on several occasions in the assembly.

vii) If he is disqualified, what would be the status of all the decisions taken by the Govt. wherein Caetano Silva has participated during last two years.

10. The ruling party has used undue influence in stating that Mr. Caetano Silva is not a national of India since he belongs to a different political party.

- Joaquim Dias, Seraulim | 27 th November 2013 22:24

 

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