The Delhi High Court on Monday ordered the interim release of the youth who was detained in the Foreign Regional Registration Office (FRRO) centre on the basis of an Aadhar and an Indian Passport.
He was lifted by the Bangladeshi deportation cell and was in the FRRO's custody and was to be deported to Bangladesh. He had challenged the deportation order.
Justice Jasmeet Singh on Monday ordered the release of Mohammad Sahil, a resident of the New Seemapuri area of Delhi after considering the copies of documents attached with the petition.
The bench observed, "The prima facie view is that the petitioner Mohammad Sahil is an Indian citizen. For the said reasons, the criminal application is allowed and the petitioner is directed to be released from the detention centre of FRRO till further orders."
Justice Jasmeet Singh noted in the order, "The petitioner Mohmmad Sahil has filed with the petition, a photocopy of his Adhaar card and passport. As per the passport, the address of the petitioner is New Seemapuri, Delhi."
The High Court directed that the petitioner shall report to the Foreigner Cell, Shahdara district, Delhi every Monday at 11 am and mark his presence. He shall not be kept waiting for more than an hour. He shall give his mobile number and the same shall be operated throughout the pendency of the petition.
The petitioner Mohammad Sahil along with his father Shah Alam, mother and minor brother in January 2022, had challenged the deportation order issued by the authorities by moving a petition through Advocate Nikita Sharma.
The petition had stated that the petitioner Mohammad Sahil who is an Indian citizen was illegally lifted by the Bangladeshi cell deportation centre in November 2021. On November 18, 2021, his father made a representation before authorities for the release of Sahil.
The petition alleged that the family produced all the documents including a passport. Even after that, the authorities chose to pick the petitioner for deportation and ignored the legality of the documents being presented before them.
It is also alleged that the address of Bangladesh mentioned in the deportation order has no connection with the petitioners. It is fabricated and concocted tale of the deportation cell.
The petitioner through Advocate Nikita Sharma moved an application seeking release from the deportation centre till the disposal of the petition. It was submitted that the applicant was in the custody of the Bangladesh deportation cell since November 9, 2021. It will take a long time for the disposal of the petition in which the deportation order has been challenged. Injustice would be caused to him if he is kept in custody during the pendency of the petition.
( With inputs from ANI )
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