Hearing a petition filed by Sajida Khan, wife of Pakistani national Siraj Khan, justices S C Gupte and K R Sriram directed that the matter be placed before a regular bench of the high court on June 9 after the vacation and said till then he would not be deported.
Siraj claims to have crossed the Indo-Pak border by mistake during his childhood and that he grew up here earning his livelihood as a waiter.
Her lawyer Yousef Khan said Siraj was willing to renounce his Pakistani citizenship. The couple has two sons and a daughter and Siraj is the only breadwinner in the family, he said.
The counsel submitted that Siraj entered Indian territory along the Gujarat border when he was 11-years-old and was put up in a children's remand home after being caught travelling on a train without ticket. After his release, he landed up in Mumbai.
The petition has pleaded that Siraj may be released from jail forthwith so that he can take up a job and earn livelihood for his family.