The Supreme Court on Monday sought the Centre’s views on a plea looking for launch of a person — lodged in a detention middle after being adjudged foreigner beneath the Foreigner’s Act, as he couldn’t be deported to Pakistan, which was refusing to acknowledge him as its nationwide — in order to allow him to use for Indian citizenship.
A bench of Justices DY Chandrachud and Surya Kant adjourned the matter to March 21 after Additional Solicitor General KM Nataraj sought time to hunt directions.
“I have to get instructions. But section 3(2)(e) of the Foreigners’ Act says that once he has been declared a ‘foreigner’, he is not entitled for further relief. He has to be placed in one particular place; he can’t be allowed to go out,” the ASG mentioned after the courtroom requested what its stance was.
Justice Chandrachud identified that the person, Mohd Qamar, alias Mohd. Kamil, had accomplished his sentence of three years and 6 months, and has been within the detention middle from February 7, 2015. Though he was awaiting deportation, the Pakistan authorities just isn’t prepared to just accept him, and that his 5 youngsters have been born in India and have been Indian residents.
“But he has been awaiting deportation for the final seven years. What will the federal government in any other case do with him,” the choose requested.
The regulation officer replied that “just because Pakistan says something, that is not binding on us. A competent court has already declared him a ‘foreigner’.”
“You are absolutely right….The moment he says he is going to apply for Indian citizenship, he admits that he is a foreign national. Maybe of country A, B or C,” responded Justice Chandrachud. He added that “the point of the matter is really that how long are you going to keep him?”
The ASG mentioned, “This is a few sort of a really uncommon scenario…. But we’ll work it out and I’ll come again with directions.”
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With inputs from TheIndianEXPRESS
