The Supreme Court on Monday refrained from entertaining the plea of a woman challenging the Centre’s decision to deport her to Pakistan despite a Calcutta High Court directive asking the government to determine her citizenship status.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard senior advocate Shashi Kiran’s argument that petitioner Bibi Fatema was an Indian citizen married to an Indian national but was being sent to Pakistan on the ground that she had come to India on a Pakistani visa.
The bench asked Calcutta High Court to pass suitable orders as and when Fatema filed an application.
Fatema’s counsel said the high court, where the woman had challenged her detention order and the consequential move to deport her, had on September 15 directed the Centre to determine her citizenship within 60 days. However, the authorities have so far not taken any decision, she submitted.
Fatema has also challenged her detention as being illegal and unconstitutional.
The bench noted that it would be appropriate to send back the case to the high court, which had not taken a final decision, and disposed of the special leave petition.