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Supreme Court Questions On Habeas Corpus On Illegal Detention of Senior Citizen of 62 years From Narela Detention Camp

By LawStreet News Network      01 March, 2022 01:48 AM      0 Comments
Supreme Court Habeas Corpus illegal Detention of Senior Citizen

A senior citizen acknowledged as a Pakistani National had been illegally detained and has been in Narela Detention camp since 2015 awaiting his deportation to Pakistan. On Monday, the Supreme Court took cognizance on matter. Supreme Court questioned if he can apply for Indian Citizenship as he stayed in India and has three children from Indian wife. Senior Advocate Sanjay Parikh, appearing for the petitioner, submitted that the Supreme Court had ordered in 2020 that persons who have been detained for two years and beyond at Assam Foreigners Detention Centre shall be released.

Justice Chandrachud, the presiding judge of the division bench, asked the ASG that, how long will you keep him? 

Brief of Case is that, Mohd. Qamar @ Mohd. Kamil was born in India in year 1959. He had gone with his mother from India to Pakistan as a child of around 7 years and has no proof of it and came back 1990 with a visa from Pakistan as adult and wedded in India and has three children. Since he didn't renew it, Mohd. Qamar, father of the Petitioners was arrested on 08.08.2011 on a complaint at Khair Nagar, Meerut, Uttar Pradesh. He was detained in Criminal Matter 1410 of 2012 on 02.09.2014 for staying in India after visa expiry and sentenced for simple imprisonment of 3 years and 6 months and a fine of Rs. 500/-.

He completed his sentence on 06.02.2015 and was sent to Detention Centre at Lampur, Narela, Delhi on 07.02.2015 for deporting him to Pakistan. However, he has not been released and is in detention for past 7 years.



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