Recently, two brothers and sisters from Meerut have approached the Supreme Court seeking justice for their father, seeking the release of their father, who was declared a Pakistani citizen by a court and sentenced to seven years. He was sentenced to imprisonment, as Islamabad refused to recognize him as a citizen.
Mohammad Qamar was arrested on August 8, 2011: in Meerut, Uttar Pradesh and a court there convicted him of overstaying his visa, which led to a jail term of three years and six months, and a fine of Rs 500: was sentenced. Then on February 6, 2015, after serving his sentence, Qamar was sent to the Narela Detention Centre for Pakistan on February 7, 2015. But Pakistan refused to accept his deportation to the government. Now he is under house arrest. He has two daughters and three sons.
Senior advocate Sanjay Parikh of the court submitted before a bench of Justices DY Chandrachud and Surya Kant that if Qamar is released with certain conditions, he will be able to apply for Indian citizenship, as his wife and three sons and The two daughters are all Indian citizens.
The bench submitted:
We have seen the case file, tried to understand the matter, what can be done in the matter? We will also send a notice this week regarding the issue of citizenship.
The court sought answers from the Center; and the Uttar Pradesh government in this matter and has fixed February 28: for further hearing.
According to Parikh as we know, Qamar has been lodged in a detention centre for the last seven years after serving his sentence, and is now eligible for release to be with his family.
His daughter and son submitted:
His children have filed a petition in the Supreme Court for the release of their father. He has petitioned the Supreme Court through advocate Srishti Agnihotri, who contends that his father, Qamar alias Mohammad Kamil, was born in India in 1959.
He went to Pakistan with his mother at the age of about 7-8 years on a visa to visit his relatives in 1967-1968. And there, his mother died, and he remained in Pakistan according to a habeas corpus petition filed in the Supreme Court.
Thereafter, after becoming an adult, he returned to India on a Pakistani passport in 1989–1990 and married an Indian national, Shahnaz Begum, in Meerut, Uttar Pradesh.
It is further told that five children were born to him from this marriage. He went to Pakistan with his mother around 1967-68, as his mother died there.
Now the indisputable fact here is that he came back to India from Pakistan on Pakistani passport around 1989-90, but due to lack of education did not renew his visa and then came here and got married.
He was taking care of his family by doing small jobs. and lived in Meerut with his family, who also have Aadhar Card issued by UIDAI.
Firstly, Qamar had filed a petition in the Delhi High Court in 2017 for his release so that he could live with and bring up his family.
petitioner’s lawyer said:
His counsel submitted in the court that Qamar, as per law, can apply for Indian citizenship, along with details of all family members to the authorities concerned with the matter.
But the High Court dismissed his petition on March 9, 2017, submitting that his plea would be considered by law. The High Court further observed that a representation was made by Qamar’s son to the civil authority on August 11, 2017 to allow his father to reside with his family and register him as an Indian citizen under the provisions of the Foreigners Act. and at the same time sought appropriate orders for getting proper medical treatment.
But after receiving no response to her petition, on September 11, 2018, requesting the Foreigners Act, 1946, Qamar’s daughter filed a direction letter to the Center and civil authority along with the National Human Rights Commission to release her father. was done and allowed. To live with his family in Meerut with reasonable restrictions.
In response to the representation filed by the son, the Deputy Commissioner of Police, Special Branch, Delhi stated before the NHRC on December 21, 2018 that the matter has been placed under the Ministry of Home Affairs.
During the onset of the COVID-19 pandemic, the apex court issued an order in suo moto petition on April 13, 2020, directing the Center to release foreign detainees who have been sent for two years on certain conditions. or was detained for longer.
According to the report, Qamar’s son told that he had approached the Center requesting the release of his father in the light of the Supreme Court order, but did not get any satisfactory response even after repeated calls.
Once again, for the release of their father, Qamar’s children petitioned the High Court for relief based on the orders of the Supreme Court, in which the Center asked it to adopt a humane approach to release the petitioner’s father. is ready.
In this case the UP government submitted, in which it was held that Qamar was divorced from his wife and thus had no valid reason to stay in India.
Finally, the High Court said that the petitioners should seek relief from the Supreme Court, as the matter of release of prisoners from detention centers was before the Supreme Court.