Lawstreet Journal

“How Long Will You Keep Him?” -Supreme Court Asks Centre on Habeas Plea for 62-Year Old Man's Release From Foreigners Detention Camp

Lawstreet Journal 22 Mar 2022 7:42am

Image courtesy: Lawstreet Journal Judiciary “How Long Will You Keep Him?” -Supreme Court Asks Centre on Habeas Plea for 62-Year Old Man's Release From Foreigners Detention Camp

On March 21, 2022, the Supreme Court heard a habeas corpus petition for the release of a 62-year-old man detained in the foreigner’s detention camp for more than 7 years. The man has remained in captivity despite Pakistan having refused to acknowledge him as its national.

Advocate Sanjay Parikh appeared on behalf of the petitioner and referred to the Supreme Court’s own 2020 order to release persons detained for over 2 years in Assam Foreigners Detention. He submitted, “They are saying the order is with respect to foreigners from Bangladesh and cannot be applied in this case. How can such a distinction be made? We are only seeking enforcement of this Court’s order.”

Responding to this, Additional Solicitor General KM Nataraj, appearing on behalf of the Central Government asked, “How can a Pakistani citizen claim equal rights as an Indian citizen?”

This led the presiding judge of the bench, Justice Chandrachud to reportedly ask the ASG, “The question is, how long will you keep him?”

The Court adjourned the matter as the ASG claimed that the matter was being discussed at the highest level.

The background of this case is, the 62-year-old man, Mohammad Qamar was arrested on August 8, 2011 from Meerut, Uttar Pradesh and was prosecuted under Section 14 of Foreigners Act , 1946 for residing in India after expiry of his visa. On the completion of his 3 years and 6 months sentence in jail on February 6, 2015, he was sent to a foreigners’ detention… Continue Reading...


Tagged: Supreme Court of India  
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