E-Paper
Pakistan man in India for 40 years to be sent back: HC
The Gujarat High Court has dismissed a writ petition of a Pakistan citizen challenging the decision of a lower court asking him to leave the country, stating that he was not in a position to invoke Articles 14 and 19 of the Constitution of India to seek Indian citizenship.
The Gujarat High Court has dismissed a writ petition of a Pakistan citizen challenging the decision of a lower court asking him to leave the country, stating that he was not in a position to invoke Articles 14 and 19 of the Constitution of India to seek Indian citizenship.
Akil Piplodwala, who has been staying in India for over 40 years, had moved the court on July 18 against an order of the Panchmahal district court issued four days before that stating that he had “no right to live in India” and “should be banished”.
According to a petition Piplodwala (59) had filed in 1992, he has been living in Godhra since 1991 after marrying an Indian citizen and the couple has two children.
In an oral order issued on July 18, Justice A S Supehia said: “In the present case, indubitably, the petitioner is a Pakistan citizen and as per the law enunciated by the apex court, he cannot invoke Articles 14 and 19 of the Constitution of India, hence, he has no right to enter and remain within the territories of India. He is bound to the act, as per the order dated 14.07.2022 passed by the respondent authorities.”
On July 14, the district court had set aside a 1999 order by a lower court in Piplodwala’s 1992 civil suit challenging a government notice for deporting him to Pakistan. The court was hearing an appeal from the Union ministry of home affairs, government of Gujarat and the district police of Panchmahal. The government had first challenged the 1999 order in the district court of Panchmahal in March 2012. It was the district court’s order that Piplodwala was appealing against on July 18.
“The Apex Court has enunciated that the fundamental right of the foreigner is confined to Article 21 of the Constitution of India for life and liberty and does not include the right to reside and settle in this country, as mentioned in Article 19(1)(e), which is applicable only to the citizens of this country,” according to Justice Supehia.
Godhra superintendent of police Himanshu Solanki said on Monday the home department was informed about the court’s decision and that preparations were underway to deport Piplodwala.
Piplodwala had come to India on a Pakistani passport forty years ago and has been living illegally since by falsely claiming he is an Indian, said Solanki.
At the outset of the July 18 hearing, the Gujarat High Court observed that the petitioner had filed an application for claiming citizenship only on July 16 this year, having lived in India for almost 40 years without any legal permission and authority.
Piplodwala, who has claimed he is running a business here since he returned in 1991, approached the court on the grounds that he was married to an Indian citizen and hence entitled to citizenship under Section 5(1)(c) of the Indian Citizenship Act.
He challenged the decision of the Panchmahal SP, asking him to leave the country within 24 hours of receiving the notice, on the grounds that it violated the principles of natural justice.
As per Section 5 (1)(c), a person who is married to a citizen of India and is a resident in India for seven years, can make an application for citizenship.
“No compassion can be shown in favour of the petitioner by interfering in any manner with the action taken by the respondent authorities. Hence, the writ petition fails and the same is rejected, summarily,” said the July 18 order.
