SHRI IVAN FRANCIS FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Rule, made returnable forthwith. Mr. Amonkar, the learned Additional Public Prosecutor waives service for respondents. Heard finally by consent of the parties.

(2.) The petitioner had filed an application before the Chief Registrar of Births and Deaths under section 15 of the Registration of Births and Deaths Act, 1969 (Act for short) for correction of his birth entry in Register of Births and Deaths. According to the petitioner, the said entry was recorded in pursuance of the order of the Executive Magistrate on 7/7/1979 under section 13(3) of the said Act. It is contended that there are certain errors which have crept in the Birth Certificate issued pursuant to the said order.

(3.) The Chief Registrar of Births and Deaths, as per the communication dated 4/6/2016 informed the applicant that the application cannot be entertained unless there is an order of a Judicial Magistrate First Class, since it is a delayed registration. It appears that the petitioner also approached the learned Magistrate for a direction to the Registrar of Births and Deaths to correct the entry. The learned Magistrate by an order dated 2/5/2015 found that under section 15 of the said Act r/w Rule 11(1) of the Registration of Births and Deaths Rules, 1999 (Rules, for short) the Judicial Magistrate First Class is not empowered to give a direction for correcting an entry. In that view of the matter the application came to be rejected.