The Supreme Court in the Case Ana Parveen & Anr. v. Union of India & Or’s the court ordered for the release of Mohammad Qamar, a 62-year-old man on being adjudged that he belonged to Pakistan and that he was not an Indian citizen, who has been under detention in a Foreigners Detention Centre since 2015.
he was lodged in the Detention Centre at Delhi as Pakistan refused to accept him as its citizen, in 2015 he completed his sentence of three years imprisonment imposed on him by a Magistrate under the Foreigners Act.
a habeas corpus writ petition was filled in the Supreme Court seeking for Mohd. Qamar for his release from the detention camp by his Children.
In 1967- 1968 as a child around 7-8 years old, the Mohd Qamar had gone with his mother from India to Pakistan on a visa visit to meerut his relatives and it was stated by Mohd Qamar that his mother died there which is still not proved and then it was contended that he in care of his relatives remained in Pakistan. Mohq Qamar married an Indian Citizen named Shehnaaj Begum, An Indian Citizen from Meerut, Uttar Pradesh it was further stated that in this wedlock including the petitioners the five children were born. In around 1989- 1990, when he attained adulthood on a passport of Pakistan he came to India.
the undisputed fact is that he came to India around 1989-90 on a passport of Pakistan and did not renew his Visa due to the lack of education and subsequently, got married here He was doing the job of a labourer on ‘Khairat’ machines and other menial jobs and continued to reside in Meerut, Uttar Pradesh along with his family therefore Mohd. Kamil has no documentary proof to show that he had gone with his mother to Pakistan in around 1967-68 and his mother died there.
Mohd Qamar wife Shehnaaj Begum has been issued Aadhar Card by the UIDAI, Government of India his five children, three daughter and two sons are also born in India in Meerut, Uttar Pradesh and are the citizens of India the family of Mohd Qamar has been residing in India.
The court ordered for his release on two conditions one is to furnish a personal bond of Rs 5000 and the other condition is that he has to submit two securities of the like amount and his permanent address in Meerut where he proposes to stay. The court further states that Md Qamar is directed to report on seventh day of every month to the local police station.
Further the Court directed the Union Government to take a decision on granting him Long Term Visa and the decision should be placed before the Court within 4 months by the Union Government.
The Bench comprising of Justice DY Chandrachud and Justice Hima Kohli observed the fact that Md.Qamar had married an Indian citizen and the five children born in the wedlock are Indian citizens further The bench also observed that no material has been produced by the Union on record to show that the person presented any security threat.
The Bench further noted that the Pakistan government is yet to confirm his nationality which is necessary for his deportation, the statement of the Ministry of Home Affairs that though Pakistan was given consular access to the detenu twice in 2019.
The Bench observed by Justice DY Chandrachud in the previous hearing observed with respect to the above case and has asked the Union Government to find a resolution to this issue that there cannot be an indefinite detention of a person.