Saifullah Sani
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After 30 years of marriage with an Indian and a rough legal battle to stay together here, Pakistani woman Nuzhat Jahan (55) now waits to be separated and sent back to her country. Nuzhat and her husband Mohammad Gulfam have three grown-up children, all born in Delhi.
On May 17, the Delhi High Court had upheld a city courts deportation order after her counsel withdrew the revision petition after initial arguments. After some arguments, the petitioners counsel seeks permission to withdraw the petition. The petition is dismissed as withdrawn, an order passed by Justice Kailash Gambhir said.
Nuzhat was lodged in Nirmal Chhaya Complex near Tihar Jail after Additional Sessions Judge Narinder Kumar on May 8 stayed his own order for her immediate deportation to allow her time to file a review petition in a higher court. According to law, the time allowed for filing a review petition is 60 days.
Meanwhile, Mohammad Gulfam, has blamed his lawyers for not putting up a proper case. We got a second chance after a long and weary fight, when the lower court allowed us time. But we could not put up a strong case in the high court. Now, I cannot take my case to the Supreme Court. I am left with no option but to let her go back to Pakistan, he said.
Nuzhats brothers are in Pakistan and the couple last visited the country in 1992. Our children, grandchildren and everyone is here. I am trying to contact our relatives there, to inform them, she might have to return to Pakistan, Gulfam said.
The counsel for the petitioner, Anis Ahmed, said he had to withdraw the revision petition since no alternatives were remaining.
In the initial arguments in HC, a statement made by Nuzhat during cross-examination in the lower court was brought up. When the court was pronouncing her sentence of imprisonment, she broke down saying she would rather go to Pakistan, than face imprisonment. This was recorded by the lower court, and the HC also took it up.
He said the HC noted that since Nuzhat was not averse to the idea of going to her home country, and all just exceptions had been granted to her, the revision petition did not stand any merit. Following this, the counsel said he opted to withdraw the petition, after proper consultations with his client.
The ASJ had earlier reduced Nuzhats sentence from six months to six days, and her fine amount from Rs 7,000 to around Rs 2,000.
Gulfam confirmed the statement. We had all papers in place, including the Rs 1,800 fine she paid for having overstayed her visa, and the various applications for citizenship they had sent to the Home Ministry since 1996 when her visa expired. But we failed to put a worthy case, he said.
The deportation date is yet to be announced. Gulfam said he has not been allowed to meet Nuzhat after she was taken to Nirmal Chhaya Complex. The family has filed an application before the Pakistan section of the DCP (Special Branch) to let her return home.
Her sentence was for six days. Despite withdrawing our review petition, she is still in Nirmal Chhaya. She is unwell and we are not allowed to meet her. We have requested that she be allowed to return home, before her deportation date is announced, Gulfam said.
Pak woman loses legal fight to stay in India with family - Indian Express Mobile
