The MHA is looking to first recover penalty from a Pakistani couple for over staying in India.
The Bombay High Court on Wednesday expressed surprise at the stand taken by Union Ministry of Home Affairs that it would first recover penalty from a Pakistani couple for over staying in India and then decide on the process to deport them back.
A division bench of Justice Abhay Oka and Justice Anuja Prabhudessai said “What is the approach of the Union of India, when the Supreme court has confirmed this courts' order holding the stay of the couple illegal. How can they continue to remain in India, until the government decided on a process to send them back.”
The court warned that it would summon the principal secretary of home ministry to the court if a proper affidavit is not filed comply with the order by the next date, February 28. Advocate Aparna Vhatkar appearing for the state government tendered a communication sent by the Union Ministry to the Special Branch of the police which indicates that process for deportation will not happen forthwith. She informed the court that the Pakistani couple has not even gone to Bhandup police station as directed by the high court.
Following which the court directed the couple to remain present in court on the next hearing if they are still in India and asked the MoH to clear its stand. Court had recently taken an undertaking from a Pakistani couple illegally staying in India, that they would leave the country within ten days. Syed Waseem Ur Rehman, and his wife Saima who are citizens of Pakistan, have been living in India since October 2010, on the basis of an X type visa that is extended from time to time. Recently, the government has rejected their application for Indian citizenship and by an order issued on November 16, 2016, asked them to leave the country by November.
The X type visa is for foreigners of Indian origin coming to visit spouses and children of Indian citizens, and dependents of foreigners on longer term visas for employment, students and research visas but
not business. The couple had approached the court challenging the MEA order saying that order is passed hastily and at the behest of some persons having grudge and vested interests.
The grandfather of Rehman namely Sayed Sufi Mansuri Hasan Shah was born in 1906 at Bhensori, Rampur in Uttar Pradesh. He was a freedom fighter and served in the Indian National Army of Netaji Subhash Chandra Bose. After the Partition of India, the grandfather stayed on in India while some of the family members migrated and settled in Pakistan. The grandfather established several shrines across India. The grandfather was also the founder of the Mehfile Hasani (ashram) in Bhandup and the beholder of the official seat of Sajjada Nashin as per Mohammaden law,” the petition claimed. A Sajjada Nashin is the descendant of a Sufi or Pir and in some instances descendant of a disciple of a Sufi. A Sajjada tends to the shrine built on the Sufi’s tomb or grave.
The petition further contended that Rehman’s grandfather prepared a will and declared him as his successor to the various ashrams and shrines established in India. The will was confirmed on August 10 1990. “Rehman was confirmed as Sajjada Nashin as per traditions and customs of the Sufi Silsila-Aliya. He was entrusted with the work of propagating Sufism through several ashrams established,” it further stated.
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