BENGALURU: The Karnataka High Court on Friday asked the authorities to deport an overstaying Pakistani couple immediately, as otherwise, it would amount to spending the taxpayers’ money on illegal entry.
It ordered the Foreigner Regional Registration Office (FRRO) and the Ministry of Home Affairs to deport the couple who have completed their sentence for illegally staying in India, by May 5. The couple had obtained Aadhaar cards by providing forged documents.
Kasiff Shamshuddin had eloped with his lover Kiran Gulam Ali from Karachi as their parents had opposed their marriage and entered India illegally in 2014. Later, he married her.
Allowing an appeal filed by the 30-year-old couple seeking directions to the authorities to run their punishment (21 months) awarded by a trial court in two different cases concurrently, the court said it is not good in the interest of this country to allow them to stay further.
The state authorities shall coordinate with FRRO and ensure that the petitioners are handed over to the custody of Pakistan officials and render all assistance in this regard,” Justice Aravind Kumar said. The court waived their fine of Rs 64,000 after Wasim Pasha, the couple’s counsel, drew its attention to their poor financial condition. With this order, the term of the sentence came to an end on March 8, 2019.
Earlier, while turning down the request of Additional Solicitor General Prabhuling K Navadgi that FRRO needs a week’s time as he could not proceed in the matter till he receives a communication from the Embassy of Pakistan, the court said that even after the order of the magistrate, allowing such persons to continue to stay in jail or outside amounts to recognising their stay indirectly. Therefore, it will be against the tenor and spirit of Section 14 of the Foreigners Registration Act, it said.
The couple, who entered India with the hope of eking out a livelihood without any valid travelling documents, resided in Kumaraswamy Layout in the city. Their illegal stay was not detected for three years.
On August 25, 2017, the jurisdictional police nabbed them and initiated prosecution. After the couple sought for plea bargaining and pleaded guilty, the trial court sentenced them to undergo 21 months imprisonment for the offences punishable under Foreigners Registration Act and IPC.