Pakistan moves Gujarat High Court for custody of citizen; seeks Rs 20 lakh compensation for 'illegal detention'

The Pakistan High Commission has filed a habeas corpus petition in Gujarat High Court seeking custody of a 28-year-old Pakistani resident who is "stuck" in Surat after his arrest in a fake currency case in 2016.

The commission has sought a compensation of Rs 20 lakh for the "illegal detention" of the man despite his acquittal.

The commission has said in the petition that "the life and liberty of the illegal detainee are in danger at the hands of Respondents (state government) and the future uncertain as he faces darkness around him, with denial of any hearing, by any authority."

The strongly worded petition, filed by Muni Akhtar Satti, an employee of the commission in Delhi, says that Sajjad Burhanuddin Vora, a Karachi student, is in "illegal detention by the people, who are responsible for human right protection and are guardians of law....because tolerance of such illegal detention, would amount to acceptance of systematic subversion and erosion of rule of law...because the illegal detention of the illegal detainee is the worst kind of crime in a civilized society...because it is the negation of rule of law. It tarnishes the image of the Nation..."

Before this petition, Vora had approached the high court seeking permission to be allowed to go back and this continues to be pending.

The division bench of Justices Sonia Gokani and NV Anjari allowed the petition of Vora to be joined as party respondent. Earlier, on Tuesday the bench asked the lawyer representing the Commission to file an affidavit "as to in what capacity he (Satti) is permitted to espouse the cause of the corpus (Vora) and that he is authorised by the Pakistan High Commission."

"Vora is in illegal custody in Surat as he is not allowed to leave the country despite his acquittal by the trial court which was confirmed by the high court," said Vora's lawyer Aum Kotwal.

In November 2016, Vora, belonging to the Dawoodi Bohra community, had come to India to participate in religious functions in Surat and Mumbai where his relatives also live. In December, he was arrested by the Surat Railway Police with fake currency. He was tried by a sessions court which acquitted him in August 2018. The state government challenged the order in the high court which passed an order in July 2019 upholding the lower court's order.

Vora made representations to local police and Foreigners Regional Registration Office (FRRO) requesting for an exit permit. FRRO sought a No Objection Certificate from local police which has not responded to Vora's letters since September 2019.

"My client has been running from pillar to post to get an exit permit but to no avail. Finally, we filed a petition in the high court where the state government stated that it is going to challenge the acquittal in Supreme Court but even after a year nothing has been done and therefore, the court has sought paper-trail from the government in the next hearing on July 21," said Kotwal.