The Supreme Court on Wednesday stayed the deportation of a Libyan national Aiad Amar Saad Mohammad, studying in Jharkhand, back to his country on the grounds of ongoing civil war there.
A bench of justice Markandey Katju and justice Gyan Sudha Mishra halted Saad Mohammad's deportation after his counsel Shinoj Narain apprised the court of his urgent petition. Mohammad's counsel informed the court that the petition was pending with the registry against government's impending action.
Narain pleaded to the court that the visa of the Ranchi University scholar was going to lapse on March 17 and the authorities were not willing to extend it despite the ongoing turmoil in his home country.
Pleading for extension of his visa, Narain argued that the Indian government had the power to extend his visa and the refusal to extend his stay despite the ongoing civil war in his country amounted to violation of his Fundamental Right to Life under Article 21 of the Constitution. This right, he added, was available to foreign nationals also.
The bench agreed with Narain's contention, the bench said it was "staying the deportation on humanitarian ground." It issued notice to the Centre and sought its response within four weeks.
Mohamed has been working with the Seventh of April University, Zawia, Libya as a lecturer.
He applied for a PhD from Patna University on a scholarship and applied for a research visa at the Indian Embassy in Tripoli.