ANA PARVEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The first petitioner Ana Parveen is the daughter, while the second petitioner Rohil Khan is the son of Mohd Qamar alias Mohd Kamil, who is detained at the Detention Centre at Lampur, Narela, Delhi.

(2.) Invoking the jurisdiction under Article 32 of the Constitution, the petitioners seek a writ in the nature of habeas corpus or any other appropriate writ for the production of their father, Mohd Qamar from the Detention Centre and for his release on furnishing a bond of Rs.5,000.00 with two sureties in the like amount so as to enable him to reside with his family in Meerut subject to reasonable restrictions.

(3.) Mohd Qamar was arrested in connection with FIR No 250 of 2011 under Sec. 14 of the Foreigners Act 1946 registered at PS Delhi Gate, Meerut. He was convicted and sentenced to three years and six months simple imprisonment and to a fine of Rs.5,000.00 by the Chief Judicial Magistrate, Meerut on 2/9/2014. He completed his sentence on 6/2/2015. For the last seven years he has been lodged at the Detention Centre under the Foreigners Act, pending deportation on the ground that he is a Pakistani national. The detenue contested the assertion of his being a foreign national. But in writ proceedings before the Delhi High Court, he stated that he would be seeking Indian citizenship.