Mitali Palnitkar
Published on: March 21, 2022 at 18:39 IST
The Supreme Court considered a Habeas Corpus Petition seeking the Release of a 62-year-old man, who has been Detained in a Foreigners Detention Camp for more than 7 years, as he could not be Deported to Pakistan on the Country’s Refusal to acknowledge him as a National.
On February 28, 2022; the Court on considering the Facts that the man lived most of his life in India and that three of his children are Indian citizens, asked the Centre if it could allow the man to apply for an Indian Citizenship.
The Bench had noted that he Served the Sentence imposed under the Foreigners Act for 3 years. He was also Lodged in a Detention camp at Narela, Delhi since 2015 awaiting his Deportation to Pakistan.
On March 21, 2022; Additional Solicitor General KM Nataraj representing the Centre sought Adjournment saying that the Matter was discussed at the highest level,
Senior Advocate Sanjay Parikh representing the Petitioner submitted that the Supreme Court had ordered in 2020 that the persons Detained in Assam Foreigners Detention Centres for over 2 years shall be Released. However, the Benefit is not being given to the Detenu in this Case.
He stated, “They are saying the Order is with respect to Foreigners from Bangladesh and cannot be applied in this Case. How can such a distinction be made? We are only seeking an Enforcement of this Court’s Order?”
Mr Nataraj submitted as to how could a Pakistani Citizen Claim equal Rights as an Indian citizen. The Bench comprising Justices DY Chandrachud and Surya Kant questioned him as to how long the man would be kept in Detention.
Mr Nataraj submitted that discussions were taking place at the highest level. Therefore, the matter was Adjourned.
The children of the Detenu Mohd. Qamar had filed the Petition seeking his Release from the Detention Camp. He was Prosecuted under Section 14 of the Foreigners Act. The main Allegation against him was that he was Residing in India even after the Expiry of his Visa.
