A Pakistani couple convicted of illegally entering India and creating Aadhaar cards using fake documents while living in Bengaluru, was deported to Pakistan on Saturday, 11 May. According to police sources to The Quint, the husband and wife were handed over to Pakistani authorities at the Wagah-Attari border.
The two convicted Pakistani citizens – Kashif Shamsuddin, 30, and Kirhon Ghulam Ali, 30 – are residents of Chakragot in Karachi. They were arrested in May 2017.
Along with this couple, another Pakistani, Sameera, 27, too had entered India illegally. However, Sameera is married to an Indian and has a child in this marriage. She has not been deported and she is currently serving time in a Bengaluru jail.
The Backstory
These three were arrested in May 2017. During the interrogation, it was revealed that Sameera, Kashif and Kirhon were Pakistani citizens who were holding Indian Aadhaar cards made by Shihab, the Indian married to Sameera.
Shihab and Sameera told police that they met each other in 2012 when they were working in Oman and got married three years later.
Sameera was pregnant with her first child when her estranged father came to Oman upon learning about his daughter’s marriage to an Indian. She was taken back to Karachi and was kept under house arrest, where she had a miscarriage.
With the help of Sameera’s cousin, Kirhon and her fiancée Khasif, Shihab made plans to take her out of Karachi. Realising that her father would find them in Oman again, Shihab decided to take Sameera to India through Nepal.
Kirhon and Khasif, who faced opposition from their families to their marriage, tagged along.
High Court Orders Deportation
Two separate cases under the Indian Penal Code and the Foreigners Act were filed againt them for entering the country illegally and creating Aadhaar cards. Later, the 44th ACMM court sentenced them to 21 months and 12 months in prison for both cases. They were also asked to pay a fine of Rs 64,000. The court also ordered that the 21 and 12 months of prison time be treated separately.
The couple appealed against the decision in the Hight Court. The Karnataka HC then ordered their deportation, claiming them staying in the city would unnecessarily cost the taxpayer.
No Decision on Sameera and Her Child Without Nationality
When The Quint contacted Bengaluru police officers, they said no decision had been made in the case of Sameera and her daughter, who currently doesn’t have a nationality.
A clause in the Indian Citizenship Act stands between the newborn girl and her nationality.
The Citizenship Act of 1955 states: “A person born in India on or after 3 December 2004 is considered citizen of India by birth, if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of birth.”
As her mother is an illegal migrant, the newborn will not be given Indian citizenship and it is still being deliberated whether she can be considered a Pakistani.
Police said that since the other couple appealed to the HC, they were deported. However, Sameera is serving her term and hasn’t appealed against the decision.
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