The Bombay high court has asked the Centre to clarify as to why a Pakistani couple has not been deported on grounds of overstaying, despite the HC and the Supreme Court ordering deportation.
Instead of deporting the couple, the central government is considering their plea to regularise their stay in India after their visa expired in November 2016.
The division bench of Justice Abhay Oka and Justice Anuja Prabhudessai was irked to note that the Centre took this step despite the HC ordering that Syed Waseem Ur-Rehman and his wife Sayeda had no right to continue to reside in India after their visa expired in November 2016 and the decision being upheld by the SC. The court has asked the secretary of the Ministry of Home Affairs to file an affidavit clarifying their stand on the deportation of the couple
The couple had approached the HC in November 2016 through advocate Vinod Sangvikar seeking extension of visa on the ground that their application seeking Indian citizenship has been pending. The bench, however, rejected the petition holding that being Pakistani nationals, the couple had no right to get visa extension from the Government of India. Besides, the bench said, there is no law that permits the petitioners to continue to stay in India after expiry of their visa only on the ground that their applications for citizenship of India had been pending.
The visa of the couple, which is staying in India since 2009, expired on November 18, 2016, a day ahead of the scheduled expiry, on November 17, 2016 they submitted an application to the minister of home affairs seeking extension of their visa.
The bench rejected the petition saying in absence of a valid visa they cannot claim right of residence in India only on the ground that their application to the Union home minister had been pending.
The court has now posted the petition for further hearing on March 27 and the couple has been asked to appear before the court.