Two men, who were deported to Bangladesh in August 2018, but somehow managed to return to India after six months, are now contesting a legal battle in the Delhi High Court seeking citizenship of India.
According to the Central government's affidavit, Mohammad Kalam and Mohammad Salam were deported to Bangladesh in August 2018 after they were found to be illegal migrants. They, however, returned to India after six months using an illegal route.
Twenty-six-year-old Kalam, his minor brother and mother along with Uncle Salam filed a petition in the High Court claiming that they are Indian citizens by birth.
In the plea, Kalam told the court that he was born on January 1, 1994, in Delhi and therefore is a citizen of India. Kalam said that he along with his maternal uncle Salam were taken into illegal custody after being accused of being an illegal migrant and deported to Bangladesh in August 2018.
However, his mother was not deported back to Bangladesh due to her health conditions and his brother was given the benefit of being a minor.
The four petitioners prayed to the court to issue a direction to the government not to treat them as illegal migrants of Bangladesh and to protect all legal rights.
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Claiming that they belong to a minority, they sought exemplary damages be awarded to them by the concerned authorities for causing harassment to them.
Kalam also told the High Court that he has Aadhaar Card, Voted ID card, PAN card, documents issued by schools to prove that he is a bonafide citizen of India.
He also told the court that he had a birth certificate issued by North Delhi Municipal Corporation.
Centre Government's counsel Anil Soni and Devesh Dubey have opposed the plea of Mohammad Kalam saying that action taken by the concerned officials of the department was as per procedure and bonafide and the petitioners are not entitled to any relief.
The government told the court that Foreigners Regional Registration Officer (FRRO) being the civil authority has been repatriating illegal migrants of Bangladesh as per instruction issued by Ministry of Home Affairs.
The government told the court on June 28, 2018, that Kalam and Mohammad Salam, who are Bangladeshi citizens were presented before the Special Task Force in Rohini District in Delhi along with a proposal for initiating deportation proceedings against them as they were illegal migrants.
The Delhi High Court will hear the matter on January 21.
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