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HC summons MEA, MHA on film producer’s plea for his family’s return from Pakistan
Bombay HC asks MEA and MHA to explain difficulty in contacting counterparts in Pakistan regarding the whereabouts of film producer Mushtaq Nadiadwala's wife and children, who are allegedly being illegally detained in Lahore. Next hearing on December 8.
The Bombay high court has asked the ministry of external affairs and the ministry of home affairs to explain why it had been difficult to contact their counterparts in Pakistan to ascertain the whereabouts of film producer Mushtaq Nadiadwala’s wife and two children.
A division bench of justice Revati Mohite Dere and justice Gauri Godse was on Friday hearing a petition filed by Nadiadwala who alleged that his nine-year-old son and six-year-old daughter were being illegally detained by his wife, Maryam Chaudhary, and her influential family in Lahore.
The petitioner said Maryam, who is a Pakistani national, took their children to that country in November 2020 as the woman’s mother was said to be ill. Though the visa granted to their children by the Pakistan government expired in October 2021, she extended her stay citing poor health of her father, Nadiadwala claimed.
However, the plea said, there was a possibility that due to the alleged brainwashing or coercion by her brother and parents, his wife and children were compelled to stay back in Lahore.
“Their illegal detention in Pakistan is not only a gross violation of immigration laws in both countries but is also contrary to the best interest of their general well-being, upbringing and primary education,” Nadiadwala said and added that after he failed to get a satisfactory response from the authorities concerned, he approached HC on August 11, 2022.
Naming Maryam, her parents – Talat and Farah Chaudhary, and her brother Ali as respondents, the petition sought a direction to the external affairs ministry to facilitate the safe return of his family to India, even with the assistance of Interpol, if required.
On Friday, the advocate representing the ministry of external affairs said despite sending multiple communications they had been unable to contact Nadiadwala’s wife and her family.
Dissatisfied with the response, the bench said the excuses were untenable as the children were Indian citizens. “A notice must be served either through email or other means,” the court said and issued summons to the two ministries to ensure their representatives were present, even virtually, in the next hearing on December 8.
