The petitioner, 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.
The Bombay High Court on Thursday took an undertaking from a Pakistani couple illegally staying in India, that they would leave the country within ten days.
A division bench of Justice Abhay Oka and Justice Anuja Prabhudessai has asked the couple to present themselves every day before the Bhandup police station until they leave India. Advocate Aparna Vhatkar appearing for the government has been asked by the court to report to it even if the couple does not appear before the police for a single day, until February 18. Vhatkar will also have to file a compliance report on February 22, informing about the couple's status, on whether they have left or continue to remain in India.
The petitioner, 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 Union of India had 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. Appearing for the Union of India, advocate Rui Rodrigues placed on record the communication from the Ministry of External Affairs.
The couple had approached the court challenging the MEA order saying that order was passed hastily and at the behest of some persons having a grudge and vested interests.
Rehman's grandfather 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,” the petition further stated.
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