MOHD. QAMAR Vs. UOI & ORS

JUDGEMENT

(1.) Petitioner No.2 has filed the present writ petition under Article 226 read with Article 21 of the Constitution of India and Section 482 Cr.P.C., 1973 seeking a writ of Habeas Corpus for release of petitioner No.1 from the unlawful custody/detention of respondent No.1.

(2.) With the consent of the parties, we set down this writ petition for final hearing and disposal.

(3.) As per the petition, petitioner No.1 was born sometime in the year 1959 at Meerut to his parents who were Indian Citizens. When petitioner No.1 was around 7/8 years of age, he was taken by his mother to Pakistan for visiting relations but before he could be brought back by his mother, she died in Pakistan leaving the petitioner No.1 at the mercy of his relatives. To enable him to return back to his motherland India, petitioner No.1 obtained a Pakistani Passport; returned to India, and married Shehnaaj Begum in Meerut in the year 1990. Out of their wedlock, 5 children were born including petitioner No.2 who is the eldest son.