HC quashes MHA order pronouncing Goa MLA as Portuguese citizen

In a major relief to Goa MLA Caetano Silva, the Goa bench of the Bombay High Court today set aside the order by the Ministry of Home Affairs declaring him a Portuguese citizen which had cast a shadow of uncertainty over his political career.
Justice C V Bhadang quashed the order passed by the 'Central Prescribed Authority', holding that Silva was a Portuguese citizen as his birth was registered in that country (Portugal).
Silva, who is a Goa Vikas Party (GVP) legislator, represents Benaulim constituency in South Goa.
The high court remanded the matter back to the MHA, asking it to once again hear it "as expeditiously as possible and preferably within a period of three months from the receipt of this order".

The MHA had in its order on November 20, 2013 stated: "Caetano Rosario Silva ceased to be a citizen of India from the date he registered his birth with the Central Registry of Births, Marriages and Deaths of Lisbon as Portuguese national with effect from July 21, 2010."
The order was challenged by Silva.

While passing the order, the court observed that the petitioner is a registered voter from Benaulim Constituency for the Legislative Assembly of State of Goa and that the petitioner holds an Indian passport.
The court noted that the petitioner had not given any kind of declaration to the Goa administration to retain Portuguese citizenship or nationality.

"The Act of 1955 was extended to Goa on March 17, 1962 and the Central Government issued the Goa, Daman and Diu Citizenship Order (Citizenship Order, for short) on March 28, 1962, under which every person, who was born or whose parents were born before December 20, 1961 in the said territory (falling under the erstwhile Portuguese Colonial Rule) shall be deemed to have become citizen of India on the said date," the court said.
Silva had informed the high court that the Union Ministry, while passing the order with regard to his citizenship, had not given him the hearing, which was in violation of the principle of natural justice.

Silva contended that the Home Ministry's order was merely based on the documents submitted by a Goa resident John Fernandes.
The counsel for Silva had submitted that at no point of time the petitioner had voluntarily or otherwise applied for acquisition of Portuguese nationality.