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Allahabad High Court Grants to Pakistani Woman Residing in India for Thirty Five Years
In a significant judicial development, the has granted to Saba Masud, a Pakistani national who has resided in India for over three decades. Justice Krishan Pahal, presiding over the matter, underscored the lack of evidence regarding allegations of and that had been leveled against the applicant.
Background and Legal Conflict
The case originated from an filed at , by Smt. Ruksana Khan. The prosecution alleged that Masud, a Pakistani national, was residing in India on the basis of forged documents and passports, further claiming that her family had ties to foreign intelligence activities—a claim vehemently denied by the defense.
Masud’s legal counsel clarified that she had married an Indian national, Farhat Masud, in Lahore in and has lived in India for approximately 35 years. The defense highlighted that her daughter, Aiman Farhat, holds a passport identifying an Indian national as her father, demonstrating that no concealment of facts had occurred. Furthermore, the applicant has consistently maintained valid long-term visas, with the most recent documentation remaining valid through .
Contentions of the Parties
During the proceedings, the defense emphasized that Masud has actively sought Indian citizenship since , with applications pending before relevant authorities and previous recommendations for her citizenship status from the . The defense also pointed to the existence of a prior business dispute between the informant and the applicant's family, suggesting the criminal case was initiated due to personal animus.
In contrast, the State and representatives for the argued that the applicant had engaged in unauthorized travel to cities such as Deoband, Muzaffarnagar, and Aligarh, suggesting a misuse of her residence status. However, the applicant’s counsel rebutted this by noting the travel was strictly for family reasons, such as her daughter's marriage.
The Court’s Reasoning
The High Court focused on the absence of concrete evidence supporting the criminal allegations. Justice Pahal observed that the prosecution failed to provide sufficient material to establish that Masud had committed or . The Court took particular note of the documentation verifying her legal status, including a valid until and a extending to .
Key Observations
The judgment explicitly highlights the lack of evidentiary support for the state's claims:
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"The applicant has been residing in India for more than 35 years on the basis of a valid and granted by the competent authorities."
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"No material has been brought on record to indicate that she committed any / , prima-facie, the Court is of the view that the applicant has made out a case for ."
Conclusion and Implications
The Court allowed the application, directing that Saba Masud be released upon furnishing a and . The order mandates that the applicant must cooperate with the ongoing trial, abstain from tampering with evidence or intimidating witnesses, and ensure her presence before the as required. This ruling serves as a reminder that prolonged residency under valid state-sanctioned permits constitutes a significant factor in determining the merits of in cases involving foreign nationals.
