A division bench of Justice Abhay Oka and Justice S S Shinde has asked the state to expedite the trial against Khan
The Bombay High Court on Tuesday rejected the petition by Sira Murad Khan,who hails from Pakistan-Occupied Kashmir (PoK) and has been living in Mumbai since childhood,demanding that he be allowed to return to his home in PoK and criminal proceedings against him be withdrawn.
Khan,who filed the petition in June,claimed that he had run away from home when he was 10 to go to his maternal uncles house in Karachi. However,he went to Lahore from where he accidentally crossed the border. Khan said he then stayed in Varanasi for two days,after which he came to Mumbai. He later married an Indian woman and the couple has three children.
Additional public prosecutor Ajay Gadkari told the court that a chargesheet against him has already been filed under sections of the Foreigners Act,1946.
A division bench of Justice Abhay Oka and Justice S S Shinde then asked the state to expedite the trial against Khan. It said the trial should be completed within six months and if Khan filed an application for discharge,it should be decided within two months.
Ejaz Naqvi,Khans lawyer claimed that the petitioner had already been prosecuted in Gujarat for the same offence. However,the court noted that he had not produced any documents pertaining to the case before the High Court.
Khan said in 1998,while attempting to return to PoK,he was caught travelling without ticket at the Ahmedabad railway station. According to him,he was sent to a nearby juvenile home from where he was released a year later.