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Pakistani national lodged in Bihar's jail for three years, Patna HC questions Centre

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Published : Jan 17, 2023, 10:53 PM IST

The Patna High Court took cognizance of a Pakistani national, who was lodged in Jehanabad jail for the last three years for overstaying in India after his visa expired. The HC also questioned government of Bihar for having a Detention Centre inside jail premises.

Patna High Court
Patna High Court

Patna: Patna High Court took cognizance of a Pakistani national, who was lodged in the Jehanabad jail, for the last three years for overstaying in India after his visa expired. The High Court has sought a response from the Ministry of Home Affairs and the Ministry of External Affairs. Along with this, the court also questioned the Bihar government for having a detention centre inside jail premises.

A division bench of Justice AM Badar and Justice Sandeep Kumar fixed the next hearing after three weeks while hearing the habeas corpus petition of Afsana Nagar. Petitioner's husband Syed Naqvi Alam alias Naqvi Imam was born in India in 1973 and at the age of 11, he migrated to Pakistan in 1984, along with his maternal grandmother. While studying there, he got Pakistani citizenship and settled there. Later, in 2011 he returned to India after his father's health deteriorated on a one-year passport/visa to look after his father staying in Bihar's Arwal district.

After the expiry of the passport/visa in February 2012, the Bihar police filed a criminal case against Alam for overstaying in India as per the law. Alam was sentenced to three years imprisonment. After filing an appeal against the conviction and being released on bail, Alam married his petitioner in 2016 as per Muslim rituals.

Petitioner's lawyer Narayan told the court that Alam should apply to the competent authority for citizenship of India before the passport expires based on the ill health of his father. On the other hand, the Pakistani High Commission refused to accept Alam as a Pakistani citizen. In such a situation, the Central and State governments have kept Alam in the Detention Centre, which is located in the Jehanabad Jail, since February 2020.

Patna: Patna High Court took cognizance of a Pakistani national, who was lodged in the Jehanabad jail, for the last three years for overstaying in India after his visa expired. The High Court has sought a response from the Ministry of Home Affairs and the Ministry of External Affairs. Along with this, the court also questioned the Bihar government for having a detention centre inside jail premises.

A division bench of Justice AM Badar and Justice Sandeep Kumar fixed the next hearing after three weeks while hearing the habeas corpus petition of Afsana Nagar. Petitioner's husband Syed Naqvi Alam alias Naqvi Imam was born in India in 1973 and at the age of 11, he migrated to Pakistan in 1984, along with his maternal grandmother. While studying there, he got Pakistani citizenship and settled there. Later, in 2011 he returned to India after his father's health deteriorated on a one-year passport/visa to look after his father staying in Bihar's Arwal district.

After the expiry of the passport/visa in February 2012, the Bihar police filed a criminal case against Alam for overstaying in India as per the law. Alam was sentenced to three years imprisonment. After filing an appeal against the conviction and being released on bail, Alam married his petitioner in 2016 as per Muslim rituals.

Petitioner's lawyer Narayan told the court that Alam should apply to the competent authority for citizenship of India before the passport expires based on the ill health of his father. On the other hand, the Pakistani High Commission refused to accept Alam as a Pakistani citizen. In such a situation, the Central and State governments have kept Alam in the Detention Centre, which is located in the Jehanabad Jail, since February 2020.

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