The Common Cause petition was disposed of restraining respondents from deporting the petitioner, a non-citizen with a Pakistani passport, until the Central Government decided on his nationality after the hearing concluded.
Direction to respondents not to deport the petitioner until the Central Government decides on his nationality.
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D.B. HABEAS CORPUS PETITION NO. 6696/2006. [HAKIM KHAN VS. U.O.I. & ORS.]
Date of Order :01.08.2007
HON'BLE JUSTICE SHRI RAJESH BALIA HON'BLE JUSTICESHRI MAHESH CHANDRA SHARMA Mr.G.M.Khan for the petitioner; Mr.K.L.Thakur, AAG} for the respondent. Mr.Vineet Mathur} *****
Learned counsel for the parties are in agreement that this petition was directed for restraining the respondents from deporting him out of countRY considering him to be a non-citizen and staying here with the Pakastini Passport. It is now common ground between the parties that the Competent Authority for deciding the issue of nationality that is Central Government has already given an opportunity of hearing to the petitioner and the said hearing is complete. But decision is yet to be pronounced on the question of nationality of the petitioner.
In these circumstances, the petition is disposed of with and direction to the respondents not to deport the petitioner until decision of the Central Government about the nationality of the petitioner and thereafter the parties are free to act in accordance with the law.
The petition accordingly stands disposed of.
No costs.
(MAHESH CHANDRA SHARMA),J. (RAJESH BALIA ), J.
/mamta/
2 issues framed by the court
Whether the respondent should be restrained from deporting the petitioner, a non-citizen with a Pakistani passport, before the Central Government pronounces a decision on his nationality.
Whether the petitioner can stay in the country pending the Central Government's decision on nationality after having been afforded a hearing.
Hakim Khan
U.O.I.
Mahesh Chandra Sharma
Rajesh Balia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
