Big relief to Zulmi Khan, who had married an Indian national ten years back, and overstayed in India
In a big relief to an Afghan national, whose visa had expired in 2007, the Delhi High Court has allowed him to stay with his wife instead of a Sewa Sadan — detention centre of the Foreigner Regional Registration Office (FRRO) — till his deportation papers were not ready.
The court's direction comes on a plea filed by Gulfisha, wife of Khan, who had sought that her husband be allowed to stay with her rather than the Sewa Sadan, Lampur, where the foreigners awaiting deportation were kept.
A bench of Justice S Muralidhar and Justice I S Mehta directed that Khan be released from the FRRO, Detention Centre on several conditions.
The court directed that the biometric details of Khan be recorded by the FRRO. It also said that Khan will provide a local surety of Rs 50,000 along with the local address proof and mobile number.
Khan had come to India on December 20, 2006, and his visa was valid till March 9, 2007. On March 22, 2007, he married Gulfisha, an Indian national, and had three children out of the wedlock. He was arrested as he had overstayed in the country without a valid visa but was later granted bail.
Following this, a lower court had sentenced him to two months of imprisonment on May 31, 2016, for the offence. However, it was later reduced to a month. Another petition was filed by his wife seeking Khan's non-deportation which is pending with the court.
Appearing for the petitioner, its counsel said that Khan will abide by the orders of deportation as and when they are issued.
Appearing for the Centre, its counsel contended that Khan had overstayed in India without a valid visa. It said that Khan is an illegal immigrant awaiting deportation. It also submitted that in terms of the Office Memorandum (OM) issued by Ministry of Home Affairs, the deportation can take place" only after completion of the sentence/court proceedings.
While allowing him to stay with his Indian wife till his papers were ready, the bench directed him to furnish a good behaviour report and report to the SHO, Jamia Nagar on the second Saturday of every month.
WHAT’S THE PLEA
- The Delhi High Court’s direction comes on a plea filed by Gulfisha, wife of Zulmi Khan
- She pleaded that her husband, who overstayed his visa, be allowed to stay with her rather than at Sewa Sadan, Lampur
- It’s at Sewa Sadan where foreigners awaiting deportation are kept.
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