The Bombay high court on Tuesday expressed concern over a Pakistani national who has been roaming around freely in the city in spite of offences having been registered against him.
The court was further surprised when the petitioner pointed out the Pakistani national travels in a car with a red beacon on it.
A division bench of justice AS Oka and justice SS Jadhav asked the additional public prosecutor AS Gadkari whether they have verified this allegation. Gadkari, after taking instruction from the authorities concerned, informed that they are not aware of this.
"Your officers routinely check even vehicles of high court judges," justice Oka remarked. "How can you let this man, who has offences registered against him, roam freely in the city?"
The court was hearing a petition filed by Dargah Hazrat Khwaja Mansurul, a dargah located in Bhandup, against the Pakistani national, Sayyed Waseem-ur-Rehman Shah, and other authorities, alleging Shah is trying to usurp the dargah land from them, even though his role in the dargah is limited to that of a spiritual guide.
Petitioner's counsel Rajiv Patil and lawyer Ajit Kenjale submitted that Shah makes inflammatory speeches and that the magistrate's court had directed an FIR be registered against Shah, following a complaint. In spite of this and other offences filed against Shah in Sangli and Mumbai, he is roaming around the city in a car with a red beacon, Patil said. He also submitted photos of the car.
The dispute had gotten worse following which the trustees had to seek police protection for their festival from HC earlier. The court had during the last hearing noted that Shah is a citizen of Pakistan and was earlier deported on May 19, 2007.
The affidavit states that he came to India again on an X visa (entry visa) in October 2010, which is now valid till December 2012.
The court directed the police to file a reply on the allegations made in the petition regarding the car, and details of offences against Shah. Court also asked the municipal corporation to file a reply regarding alleged illegal constructions by Shah on the dargah land before the next hearing on November 2.