Pak national in detention centre: Supreme Court seeks govt view on plea

A bench of Justices D Y Chandrachud and Surya Kant adjourned the matter to March 21 after Additional Solicitor General K M Nataraj sought time to seek instructions.

“I have to get instructions. But section 3(2)(e) of the Foreigners’ Act says that once he has been declared a ‘foreigner’, he is not entitled for further relief. He has to be placed in one particular place; he can’t be allowed to go out,” the ASG said after the court asked what its stance was.

Justice Chandrachud pointed out that the man, Mohd Qamar, alias Mohd. Kamil, had completed his sentence of three years and six months, and has been in the detention centre from February 7, 2015. Though he was awaiting deportation, the Pakistan government is not willing to accept him, and that his five children were born in India and were Indian citizens.

“But he has been awaiting deportation for the last seven years. What will the government otherwise do with him,” the judge asked.

The law officer replied that “just because Pakistan says something, that is not binding on us. A competent court has already declared him a ‘foreigner’.”

“You are absolutely right….The moment he says he is going to apply for Indian citizenship, he admits that he is a foreign national. Maybe of country A, B or C,” responded Justice Chandrachud. He added that “the point of the matter is really that how long are you going to keep him?”

The ASG said, “This is some kind of a very unusual situation…. But we will work it out and I will come back with instructions.”