P. B. Bajanthri, J. – In the instant petition, petitioner has prayed for the following relief(s): –

“For issuance of writ in the nature of Habeas Corpus or any other appropriate writ/writs, order/orders, command/commands, direction/directions to the respondents to produce husband of petitioner namely Syed Naqui Alam alias Naqui Imam who has been detained in Detention Centre, Jahanabad and to release him on bail.

(b) For issuance of a writ in the nature of mandamus or any other appropriate writ directing the respondent (Union) to consider and consequently accord Indian Citizenship to the husband of the petitioner, an application thereof is pending before the concerned respondents;

(c) For issuance of a writ in the nature of mandamus or any other appropriate writ passing an order/s, direction/s to the effect that petitioner’s husband be granted long term visa so that he can stay and look after his matter of citizenship and also look after his wife (petitioner), who is his legally wedded wife and an Indian citizen and no one else to look after her.

(d) For issuance of any other writ/writs, command/command, order/orders direction as this Hon’ble Court deem fit and proper in the facts and circumstances of the case.”

2. Gist of the matter is that petitioner’s husband Mr. Syed Naqui Alam is alleged to be Pakistan National and he has Pakistani Passport No. AD1751042 it was valid up to 12.04.2016 read with VISA for the period from 10.02.2011 to 10.02.2012. He had entered Indian national territory through Attari rail check post. He overstayed in India with reference to residential permit and F.I.R No. 196 of 2012 dated 30.10.2012 was registered for the offence under Section 14 of the Foreigners Act, 1946 and it was registered at P.S. Arwal, Bihar.

3. In the aforementioned case, he was convicted and undergone sentence for a period of 7 months on 22.12.2016. After serving sentence, he should have been deported to Pakistan. In this regard, there was a protracted correspondence among the petitioner and Government of India officials and so also the Pakistan High Commission Office. On two occasions for want of verification from the Pakistan High Commission officials about the citizenship of the Mr. Syed Naqui Alam, the matter was deferred. Even from the latest instruction furnished by the Ministry of Home Affairs dated 10.05.2024 reveals that still there are correspondence with the Pakistan High Commission about the deportation. Despite the fact that Pakistan High Commission have expressed their opinion that petitioner’s husband Mr. Syed Naqui Alam is not a Pakistani citizen. In such circumstances, there is a vacuum created to the extent that what is the fate of the petitioner’s husband when he is alleged to be neither Pakistani citizen or Indian citizen. To that effect Ministry of Home Affairs have not apprise this Court despite our observations made on an earlier occasion.

4. Be that as it may, in identical circumstance the Hon’ble Supreme Court in the case of Ana Parveen & Anr. vs. Union of India & Ors. Writ Petition (Criminal) No. 43 of 2022 granted relief. It is necessary to extract the order of the Hon’ble Supreme Court and it reads as under: –

“1. The first petitioner Ana Parveen is the daughter, while the second petitioner Rohil Khan is the son of Mohd Qamar alias Mohd Kamil, who is detained at the Detention Centre at Lampur, Narela, Delhi.

2. Invoking the jurisdiction under Article 32 of the Constitution, the petitioners seek a writ in the nature of habeas corpus or any other appropriate writ for the production of their father, Mohd Qamar from the Detention Centre and for his release on furnishing a bond of Rs 5,000 with two sureties in the like amount so as to enable him to reside with his family in Meerut subject to reasonable restrictions.

3. Mohd Qamar was arrested in connection with FIR No 250 of 2011 under Section 14 of the Foreigners Act 1946 registered at PS Delhi Gate, Meerut. He was convicted and sentenced to three years and six mo