The Bombay High Court Monday extended the stay on Pakistani national Siraj Khan’s deportation process till July 5 . In the meantime, he can challenge his conviction in the sessions court and also seek interim reliefs, the HC said.
A division bench of Justice S J Vazifdar and A K Menon was acting on a petition filed by Siraj’s wife Sajida. She has asked for a stay on Khan’s deportation process and has requested for his release from detention as his family’s financial, physical and mental condition is worsening.
Advocate Yousuf Khan, who appeared for Sajida and Siraj told the court that his application seeking Indian citizenship was pending before the Central government.
The court, however, observed that he did not even have a ‘visa’ when he entered India.
The petitioners’ advocate informed the bench that state also extended the restriction on his movement.
Siraj was released after completing his six-month jail sentence, but was detained again by the RAK Marg police station on May 6, 2014, and has been under detention since then.
The bench while extending its previous June 5 order to stay his deportation till June 9 observed that Siraj who had not challenged his conviction could do so.
Siraj was convicted by the Metropolitan Magistarte under Rule 6 of the Passport [Entry into India] Rules and Section 14 of the Foreigners Act, 1946 read with para 3 (1) of the Foreigners Order, 1948 on January 4, 2014.
“It will be open with authorities to continue with the order dated May 6, 2014 and to impose other conditions if they deem fit,” said the judges.
Siraj, had accidentally entered India in 1996, when he was 11 years old. In 2009, however, he had tried to visit his native village, Sharkool in Manshera district of Pakistan-occupied Kashmir.