Mumbai: The Bombay high court has granted interim relief to Asif Karadia, who was born in Karachi but has been living in India since last two years. The high court allowed Asif to stay in India till a decision on his application for Indian citizenship is finalised and asked the central government to look into his application within twelve weeks. Terming the case as unique, the high court said that the application should be viewed in light of the fact that the petitioner is married to an Indian and had children in the country.
The division bench of the high court was hearing the petition, which sought relief in the backdrop of the Indian government refusing to issue long-term visa to Asif. The government had also warned that it will issuse ‘Leave India Notice’ to Asif. The father-son duo had filed the petition, seeking expedition of Asif’s application for Indian citizenship and block any bid to deport him while his application is pending.
Asif was born to Abbas and Zaibunnisa Karadia in Pakistan’s Karachi in 1964. His name was mentioned in his mother’s Pakistani passport as there was no system of issuing passports to infants at that time. After the India-Pakistan war, Zaibunnisa returned to India with Asif in 1967. Zaibunnisa applied for citizenship in 1972. However, Karadia’s did not apply for citizenship for Asif as a result of which in 2012 when Asif applied for a passport he was denied the same on the grounds that he was born in Karachi. On the recommendations of the authorities he applied for long term visa and was issued the same till 2015.
While arguing on behalf of the Karadia’s, advocate Sujoy Kantawala informed the court that Asif was eligible for citizenship as per the Citizenship Act and also pleaded to the court to take cognisance of his situation on humane grounds, as he had nowhere to go and wanted to live and die in only India.
