RANBIR KUMAR Vs. UOI

JUDGEMENT

(1.) THE petitioner is right in his contention that language used in emergency certificate is incorrect and the petitioner had never applied for emergency certificate to be deported to India from United Kingdom, but this alone does not entitle the petitioner to the reliefs prayed for in the writ petition, which read as under:-

(2.) THE petitioner was issued passport No. M093445 on 28th August, 1992, which was valid up to 27th August, 2002. The petitioner had gone to Germany on 3rd september, 2001 and was issued a new passport by the Indian Embassy in Frankfurt bearing No. B 3880477. The new passport was valid up to 2nd June, 2012. The petitioner subsequently travelled to United Kingdom and started residing there. He made applications to UK Immigration Services for grant of requisite permission/residency permit. It is the case of the petitioner that these applications were pending when he was deported to India under Emergency certificate.

(3.) THE respondents in their counter affidavit have stated that that UK immigration Services had informed them that the petitioner was an illegal immigrant and thereafter on the request of the UK Immigration Services and in terms of Indo-UK Memorandum of Understanding, the petitioner was issued emergency certificate and deported to India. It is, therefore, the stand of the respondents that they had acted on the basis of the request of the UK Immigration Services and in order to protect an Indian citizen. UK Immigration Services had stated that the petitioner was an illegal migrant and had no right to stay in the said country.