Mohd. Naim Sahel And Ors. vs Foreigners Regional ...
1998 Latest Caselaw 687 Del

JUDGMENT

Devinder Gupta, J.

1. The petitioners in this writ petition filed under Article 226 of the Constitution of India have prayed for quashing of the order dated 7.7.1998 with further direction to the respondent not to deport them out of India.

2. The petitioners are Afghan Nationals. It is claimed that they came to India from Afghanistan after the war in Afghanistan. Petitioners 2 to 5 claim that they came to India on 29.1.1991, followed by petitioner No.1, who is the husband of respondent No.2 and father of respondents 2 to 5, who came on 8.9.1992. They claim to be possessed of certificates issued by United Nations High Commissioner for Refugees dated 31.5.1991, stated to be valid upto 21.5.1999. It is also claimed that they have visas to stay in India valid till 21.5.1999, which was extended only on 21.5.1998 and they are also possessed of valid passports. Petitioner No.1 claims that he is carrying on medical practice. Only on 1.7.1998 some officers of the Foreigners Regional Registration Officer came to the residence of the petitioners. Petitioners 1 and 2 were taken to the office of the respondent where respondent asserted that petitioner No.2 was the sister of Mohd. Aman Adina another Afghan National, whose activities were anti social. Despite denial by petitioners 1 and 2 of such relation, the respondent proceeded to pass the impugned order dated 7.7.1998 (Annexure-A) calling upon the petitioners to leave the country latest by 25.7.1998.

3. The petitioners have challenged that the order is violative of the right to life and liberty guaranteed under the Constitution stating that it is virtually impossible to live in Afghanistan. The petitioners are not involved in any anti social activities. The order is arbitrary and has been passed without affording a reasonable opportunity of being heard.

4. After show cause notice, respondent put in appearance and filed reply on the affidavit of Shri Dharmendra Kumar, Foreigners Regional Registration Officer, Delhi. It is stated that petitioner No.2 is the sister of one Afghan National Mohd Aman Adina @ Aman Ahmed, who has been indulging in smuggling of Narcotics and gold. He is also involved in Hawala transactions, forgery of passports etc., which acts are prejudicial to the security of India. During the course of investigation it was revealed that petitioner No.1 and his wife, who is the sister of the said Afghan National had been and are being financially aided by Mohd.Aman. In return petitioner No.1 and his wife are providing shelter to the said Mohd.Aman and are thus encouraging his anti social activities, which reveals petitioners' complicity with the said Afghan National. It is further stated in reply that though petitioner No.1 and his wife Adiba deny any relationship with Mohd.Aman, but their neighbors in Greater Kailash and the landlord of Mohd.Aman at F-3, Kailash Colony have positively identified the relationship between Abida (wife of petitioner No.1) and Mohd.Aman @ Aman Ahmed as that of real brother and sister. Enquiries have further revealed that Mohd.Osman, father of both Adiba and Mohd.Aman had, before migrating to Canada, stayed with his daughter Adiba at S-226, Greater Kailash-1 and also with his son Mohd.Aman at F-3, Kailash Colony where he was well known to the landlords and neighbourers as their father. The petitioner and his wife Adiba are continuing to give shelter and protecting their relation with Mohd.Aman, the Afghan National, who is wanted for deportation because of his anti national activities.

5. The reply further states that petitioner No.1 along with his wife were not harassed or tortured, as wrongly alleged by them but they were called to join inquiry at the office of the respondent and were duly questioned about their relationship with the said

Afghan National. Though petitioner No.2 denied her relation but the material collected including various statements recorded establish that Mohd.Aman is the real brother of petitioner No.2. The petitioners 1 and 2 are being financially aided by Mohd.Aman, which is evident from the life style of the petitioners' otherwise it would not have been possible for them to survive on a merge salary of Rs.3,000/- as claimed by petitioners 1 and 5 and to continue living in a posh locality of Greater Kailash. The reply further states that there are about 20,000 Afghans living in India. Only those Afghan Nationals, whose activities have come to adverse notice of the Government are being questioned and deported from time to time, on the basis of reports of various agencies and other enquiries. The reply further states that as petitioners 1 and 2 are sheltering a notorious Afghan National Mohd.Aman and abetting his anti national activities, which can result in threat to the security of India, they were served with quit/leave India notices on 7.7.1998 directing them to leave India on or before 25.7.1998. The said notices were served upon the petitioners after due process of law. Before issuing the said notice, the respondent satisfied himself that petitioners 1 and 2 were sheltering and abetting the activities of a notorious Afghan national, who has been involved in activities, which are detrimental to the security of India.

6. After having heard learned counsel for the parties and having gone through the record, which was made available for our perusal, we do not find any ground having been made out to interfere with the impugned order by which they have been asked to leave the country.

7. The impugned order was passed by the respondent on the basis of the material on record, after making due enquiry in which petitioners 1 and 2 were duly associated. They were apprised of the material available against them. Their explanation was taken note of and was duly considered. Only on such consideration of the material an opinion was formed by the respondent that petitioners 1 and 2 were sheltering and abetting the activities of another Afghan National, who is indulging in activities, which are detrimental to the security of India. The said Afghan Nation is stated to have gone under ground after order of his deportation was passed. The fact that petitioners 1 and 2 were duly associated with the inquiry is not denied by them in the petition, wherein petitioners have admitted that they were called to the office of respondent and were apprised of the allegations against them.

8. In the light of the decision in Cr.W.No.405/98, titled as Mohd. Sediq v. Union of India and others decided today by us, we are of the view that the respondent rightly passed the impugned order, after complying with the requirements of law, on the basis of an opinion formed by him, on the material available on record. The petitioners have no right to stay in India, there is no scope of interference in the impugned order.

9. Consequently, the writ petition is dismissed. Interim order vacated.