The Calcutta High Court has directed the Union government to clarify its stand on the case of a man who has been languishing in jail for over a decade after being convicted as a foreign national, even as Pakistan continues to deny his citizenship.
The petitioner, P. Yousuf, currently lodged at Dumdum Central Correctional Home, urged the court to order his repatriation to Pakistan. Justice Amrita Sinha asked the counsel representing the Centre to obtain proper instructions from the authorities on whether Yousuf should be released or made to undergo further detention. The matter has been listed for further hearing on September 17.
Yousuf was arrested in 2012 after he allegedly crossed into India illegally from Bangladesh through North 24 Parganas district. He pleaded guilty in 2013 and was sentenced to 650 days of imprisonment, a term he completed long ago. Despite this, he remains in custody as his repatriation has not been possible.
According to submissions made before the court, Yousuf was twice granted consular access and produced before the Pakistan High Commission in Delhi. However, Pakistan refused to accept him as its citizen, unlike two of his co-accused who were repatriated.
In a surprising turn, Yousuf later claimed to be an Indian citizen, producing property sale deeds from Kerala to support his claim. A report submitted by the Kerala government revealed that Yousuf had studied till class 7 in Kannur before moving to Pakistan with his father, Mir Mohammed.
The Centre’s counsel, however, maintained that Yousuf is a foreign national, though the neighbouring country has denied him citizenship.
Observing the precarious position in which Yousuf finds himself—convicted in India as a foreigner while rejected by Pakistan—Justice Sinha asked the Centre to clearly state the course of action. The court also granted permission to implead the Ministry of Home Affairs and the Foreigners Regional Registration Office (FRRO) in the matter.
