Bombay High Court comes to rescue of Pakistani couple asked to leave India

Source: indianexpress

Coming to the rescue of a Pakistani couple living in India, the Bombay High Court Monday directed the Centre not to take “any coercive step of deporting them from India”. According to the couple’s petition, they were required to leave India by November 18 as per an order issued by the Ministry of External Affairs. The husband, who claims to be descendant of a Sufi saint, has been seeking Indian citizenship since 1996.

“No coercive step of deporting the petitioners to Pakistan should be taken,” said Justice V M Kanade.

The petitioner, Syed Waseem Ur Rehman, and his wife are citizens of Pakistan. They have been living in India since October 2010, on the basis of an X type visa that is extended from time to time. “We were shocked and surprised to receive an order from the Union of India on November 16, 2016, asking us to leave the country by November 18 even as our application seeking renewal of the visa for two years has been pending with them,” states the petition.

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 said they would inform the court on the status of the couple’s citizenship application during the next hearing, which is on December 1. With the High Court questioning if it had powers to extend the validity of the visa, Rodrigues said he would also submit rules that govern the extension of visa.

The lawyer appearing for Rehman argued that one of the conditions for granting citizenship was that a person should be living in India for seven consecutive years. “If he is deported now, he will not be eligible for citizenship,” said the lawyer.

On the MEA’s order asking the couple to leave the country, the petition said, “The order is passed hastily and at the behest of some persons having grudge and vested interests.” Referring to the affidavit filed by the Union of India earlier in the matter, the petition further states that there are “no severe adverse input from the security angle against the petitioners”.

“The grandfather of Rehman namely 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 and also started working for Sufism.

The grandfather is 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,” it further stated.