'How Long Will You Keep Him? : Supreme Court Asks Centre On Habeas Plea For 62-Year Old Man's Release From Foreigners Detention Camp

The Supreme Court on Monday considered a habeas corpus petition filed seeking the release of a 62-year old man, who has been detained in a foreigners detention camp for over 7 years, as he could not be deported to Pakistan after the country refused to acknowledge him as its national.

On the last occasion( February 28), the Court had asked the Centre if it could consider allowing him to apply for Indian citizenship, having regard to the fact that he has lived most of his life in India and that all his three children are Indian citizens. The bench had also noted that he has served the 3-year sentence imposed under the Foreigners Act and has been lodged in a detention camp in Narela in Delhi since 2015 awaiting deportation to Pakistan.

Today, Additional Solicitor General KM Nataraj, appearing for the Central Government, sought adjournment saying that the matter was being discussed at the highest level.

Senior Advocate Sanjay Parikh, appearing for the petitioner, submitted that the Supreme Court had ordered in 2020 that persons who have been detained for over 2 years in Assam Foreigners Detention Centres should be released. However, the benefit of the said order is not being given to the detenu in the instant case. "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 an enforcement of this Court's order?", Parikh submitted.

"How can a Pakistani citizen claim equal rights as an Indian citizen?", ASG Nataraj submitted.

"The question is, how long will you keep him?", Justice Chandrachud, the presiding judge of the bench, asked the ASG.

The ASG submitted that discussions are going on at the highest level, following this the bench, also comprising Justice Surya Kant, adjourned the matter.

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