Supreme Court notice to govt. on habeas corpus plea by children of detained Pakistan national

They claim that their father has been unlawfully lodged in detention centre in Delhi

February 12, 2022 01:20 am | Updated 01:21 am IST - NEW DELHI

Photograph used for representational purposes only

Photograph used for representational purposes only

The Supreme Court on Friday decided to examine a habeas corpus plea made by the children of a Pakistan national who they believe has been unlawfully detained for seven years.

A Bench led by Justice D.Y. Chandrachud issued notice to the government on a petition filed by Ana Parveen and Rohil Khan, the Meerut-based children of Mohd. Qamar @ Mohd. Kamil.

Ms. Parveen, represented by senior advocate Sanjay Parikh, contended that their father has been unlawfully lodged in the detention centre at Lampur, Narela in Delhi. They asked the Bench to order the government to produce him in court.

Further, the siblings said their father should be released on furnishing a bond of ₹5,000 with two sureties of like sum by Indian citizens and allowed to return to his family in Meerut "subject to reasonable restrictions and conditions".

The petition said Mohd. Qamar @ Mohd. Kamil was declared a foreigner (Pakistani citizen) and convicted under Section 14 of the Foreigners Act, 1946 (Henceforth, ‘Foreigners Act’) by a Meerut court in 2014.

He was sentenced to over three years' imprisonment, which he had served.

After his sentence, he was lodged in the Narela detention centre to be deported to Pakistan.

"He is lodged in the detention centre for about seven years as the Pakistan authority has refused to acknowledge him as a Pakistan national," the petition said.

Cite 2020 order

However, the siblings referred to an order passed by the top court in 2020, "to release the prisoners and detenues in general keeping in view the prevailing conditions due to COVID-19 pandemic".

The petition argued that the top court order applies to their father's case as detenues declared as ‘foreigners’ across the country in different detention centres face hardships.

"There cannot be any differentiation on application of law based on the country of deportation," the petition said.

Top News Today


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.