Paridhi Arya
Published on April 30, 2022 at 13:28 IST
The Bench of Justice D Y Chandrachud and Justice Hima Kohli had passed an Order to release a person who came to India on Pakistan’s Passport but Pakistan is not accepted him as their citizen and now he was in Detention Centre for last seven years.
“We are of the view that keeping the Detenue Mohd Qamar in detention would not be appropriate in the Facts of the present Case…As there is no security threats of any nature whatsoever which has been placed on record or any adverse input for that matter bearing on national security…the Detenue should be released on furnishing a personal bond of Rs. 5,000 with two sureties of Indian citizens in the like amount,” said the Bench.
Qamar had argued that he was born in India only but his mother was ill and so he went to Pakistan 1967-68 to his relatives where her mother died but when in 1980 he returned on the passport of Pakistan. Then he married to a girl from Uttar Pradesh and he is father of five children from the marriage. He asked for release so that he can apply for Citizenship.
He was asked to give permanent address of his children and give attendance in Local Police on seventh of every month. The Government argued that he has no reason to reside in India as he had divorced his Indian wife and so term of visa could not be extended.
Additional Solicitor General from the Centre pointed out that UP Government declined this extension of visa although Centre had not taken any stand on it.
“In this backdrop, we think it will be appropriate if the foreigner’s division of the Union Ministry of Home Affairs takes a final decision on the representation having regard to all the facts and circumstances of the case and after assessing the inputs from the security angle,” the Bench said.
Senior Advocate Sanjay Parikh representing Qamar stated that he wanted to apply for Indian Citizenship but Bench had observed that Government might reject it and deport him.
“If you do that, they will reject it and deport you. If you want to take that risk…We are following the least possible path of resistance…Better leave it at that…The government also realises that this is a hard case. Therefore they sought the recommendation of the UP Government….You may be right that he was born here, went there, then came back. But fact is he came back on a Pakistani passport” the Bench said.
