The Bombay High Court on Wednesday granted interim stay on deportation of Pakistani national Siraj Khan who accidentally entered India 18 years ago.
A vacation bench of justices SC Gupte and KSriram stayed Khan's deportation till June 9 while hearing a petition by his wife Sajida.
Parag Vyas, counsel for the Union of India, sought time to file their reply saying they have received the petition on Wednesday only.
According to Sajida, police informed her on June1 that Siraj's deportation process was near completion and that he was likely to be deported to Pakistan within next few days. Following this she approached the HC.
Her advocate Yousuf Khan argued Sajida and her three children are entitled to receive proper maintenance and care from Siraj.
Sajida's petition states that if Siraj is deported to Pakistan, she and her children will be deprived of food, shelter, clothes, medicines, health as they are completely dependent on Siraj for all their day-to-day needs and requirements.
"Due to his imprisonment and subsequent detention, the financial, physical and mental condition of his wife and her children has already deteriorated and worsened," reads her petition.
She has also said that she is Siraj's legally wedded wife and hence is entitled to fundamental rights, which are "linked, attached and embodied" with that of her husband's.
Yousuf Khan also said that Sajida's application to grant Indian citizenship to Siraj was pending with the Ministry of External Affairs (MEA).
Sajida had made an application to MEA on May 26, 2014, seeking grant of Indian citizenship to her husband claiming that Siraj is willing to renounce his Pakistani citizenship.
Hence, till the time MEA decides on the application, Siraj's deportation should be put in "abeyance", she has prayed.
Although his detention was slated to end on June 5, 2014, the same is likely to be extended by another order, he petition states.
Siraj had entered India in 1996, when he was around 11 years old, and later did odd jobs in Mumbai.
In 2009, Siraj tried visiting his native village, Sharkool in Manshera district of Pakistan occupied Kashmir. He, therefore, approached police authorities, who asked him to furnish documents showing that he was a Pakistani national. On submission of the documents, the crime branch arrested Siraj for staying in India without any valid permission as per the petition.
After his release on bail on January 1, 2010, Sajida filed a petition in the HC in 2012 seeking declaration of his citizenship status as an Indian or a Pakistani. The petition was, however, rejected.
On January 4, 2014, the Magistrate Court passed an order, convicting Siraj under the Passport Rules and the Foreigners' Act. After serving his sentence and coming out of prison, Siraj was again detained by the RAK Marg police station on May 6, 2014 and is under detention since then.