Mahima
The Delhi High Court ordered the release of an alleged Pakistani man from a deportation centre observing that he has been detained unlawfully.
The man was detained at ‘Sewa Sadan Deportation Centre’ Narela, Lampur Village.
The Division Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani allowed the habeas corpus filed by a woman seeking release of her husband.
The Court observed, “In view of the facts and the circumstances elaborated hereinabove. It can clearly and unequivocally be held that man is being detained by the official respondents without any legal cause, occasion or justification; and in gross violation of the procedure established by law”.
However, considering the submissions of the official respondents, the court directed the man to appear in accordance with law, if and when required, for any proceedings instituted by the officials under Foreigners Act or otherwise.
The Court also directed the man to provide with his residential proof before the SHO of concerned police stations.
The Court noted that the man held a lawful voter ID card issued by the Election Commission of India and had a valid Indian passport issued by the competent authority in Kolkata.
The court further noticed that neither any show-cause notice was issued to the man nor any chance of being heard was given before remanding him to the deportation centre in Delhi.
The court said, “In other words, the official respondents have been unable to establish that man is a foreign national. There is also no quarrel with the factual position that man is not wanted in any other case or that he has other criminal antecedents”.
The counsels for the petitioners, Ajay Verma, Mehak Nakra and Amicus Curiae Dayan Krishnan, notified that the petitioner’s husband has been acquitted under Section 14A and 14B of the Foreigners Act.
They further contended that the man was convicted under Section 3 of Official Secrets Act and Section 474 of the Indian Penal Code (IPC) for which he has already completed his sentence, making him entitled to his liberty.
The petitioner’s husband was arrested some nine years ago and the trial court convicted him under Official Secrets Act around five years ago and sentenced for nine years in jail which was upheld by the High Court.
After completion of his sentence previous year, the man was sent to the deportation centre which was challenged by his wife in the High Court seeking his release.
