Delhi High Court today asked the government to analyse the biometrics of a Nigerian, facing deportation, to ascertain if he was the same person who was earlier deported after being convicted in a drug case and had returned after changing his name.
Justice Sanjeev Sachdeva's direction came after the Nigerian's wife moved a plea challenging his deportation and seeking his release.
The court issued notice to the Ministry of Home Affairs (MHA) and Foreigner Regional Registration Office (FRRO) and sought their replies on the woman's plea.
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It asked the government not to deport him till the next date of hearing on February 10.
The court issued directions to the Central Forensic Science Laboratory (CFSL) to carry out the biometric analysis and give a report within three working days of receiving the request from the government.
The order was passed after the woman claimed that her husband had not changed his name to return to India.
According to central government standing counsel Anil Soni, appearing for MHA, the Nigerian -- Okwuda Mark Lucky -- was deported in 2010 after being convicted in a drug case.
Thereafter, he changed his name slightly and his date of birth and got a new passport on which he travelled to India again, he claimed.
While no one noticed when he arrived in the country, allegedly for the second time, when he applied for extension of his visa, the authorities concerned carried out verification and came to the finding that he was the same person.
The Nigerian's wife has opposed the contention saying her husband already had a visa which was valid from April 19, 2016 to April 18, 2017 and he was sent to the detention centre at Lampur camp in Narela here without reason on December 19 last.
The authorities claimed before the court that photographs on record from the past and the current ones were similar and therefore, it was the same person.
The bench, however, did not accept that reasoning, saying comparison of photographs was not sufficient.
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