The Bombay high court on Monday gave the state two weeks to reply to a petition filed by Pakistani national Siraj Murad Khan, 29, seeking directions to be allowed to return to his native place in Manshera, Pakistan occupied Kashmir (PoK), since he is finding it difficult to get his children admitted to a school in the city.
A division bench of justice AM Khanwilkar and justice AR Joshi, while hearing the petition, observed that the facts of the case are not clear.
Additional public prosecutor AS Gadkari said that a case is pending against Khan under the Passports Act, owing to which he cannot be deported.
He also said that this petition might be an attempt to dodge proceedings.
However, according to the Khan’s lawyer Ejaz Naqvi, the pending case is not criminal in nature.
The court wanted to know if the state has some mechanism of surveillance against such persons. Gadkari submitted that in this particular case, the petitioner is under surveillance.
Khan, who resides in Wadala, entered India when he was nine years old. About seven years before he got married, Khan tried to return to PoK.
However, he was caught travelling without a ticket and was sent to a nearby juvenile home from where he was released a year later.