The principal district judge of Panchmahal district on Tuesday set aside a 1999 order of the district’s lower court in a 1992 civil suit challenging a government notice to deport him to Pakistan, and Said he “should be deported”.
The plaintiff, Aqeel Wali Piplodwala, told the trial court that he was not a Pakistani national, as claimed by the Panchmahal district police, who wanted to deport him in 1992, but was a resident of Godhra by birth. Stating that the trial court had done “materially wrong”, the principal district judge on Tuesday said the person “has no right to reside in India” and “should be removed”.
Piplodwala, now 59, is living in Godhra after marrying a woman in Godhra and the couple has two children, his petition said in 1992. The Principal District Judge of Godhra, hearing an appeal by the Union Home Ministry, the Gujarat government and the Panchmahal district police, quashed the January 1999 order of the regular civil suit filed by Pipolwala in 1992.
The three government departments challenged the order dated 1 January 1999 through a regular civil appeal in the district court of Panchmahal in March 2012. The court had also ordered Piplodwala to “bear the full cost and cost of the appellant-respondent”. The court also imposed a fine of Rs 15,000, which Piplodwala would have to deposit with the District Legal Services Authority at Godhra within seven days, failing which “the amount would be recovered as arrears of land revenue”. The court also quashed any interim order in favor of Piplodwala.
Terming the impugned judgment and decree of the lower court as “absolute abuse of process of law”, the judge said, “the lower court has failed in its duty and even it has no jurisdiction to decide the disputed issue”. Is … Painful and frivolous litigation Wrongly impugned judgment and decree disturbing the judicial conscience has resulted in huge loss to the exchequer as a Pakistani national has been residing in India for almost 40 years without any legal permission.
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The court also said, “The Trial Court entered into the merits and decided what could have been decided by the Central Government either under the Foreigners Act or under the Citizenship Act… And this kind of error has allowed Pakistani nationals to enter through the back door.… Hence, such a wrong decision cannot last even for a minute.”
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The court observed that the trial court had passed its order in favor of Piplodwala in 1999 on the basis of a series of documents provided by him proving that he was born and brought up in Godhra since 1962, though The documents were only photocopies and not original documents. ,
The court also considered as “public record” the documents provided by district government counsel RS Thakor on behalf of the state, showing Piplodwala’s Pakistani passport, visa to India as well as his address in Karachi, Pakistan. Marriage certificate is included. The court said, “The last document relied upon by the plaintiff is the marriage registration form, signed by the plaintiff Aqeel Vallibhai Asgarali Piplodwala. In this marriage certificate, submitted by the plaintiff himself, his usual place of residence shown is Karachi, Pakistan. The address of his father, Valibhai Asgarali, is also shown as Karachi, Pakistan… There are enough documents to prove the plaintiff’s case to be false…”
The court observed that Piplodwala failed to relieve the burden of rejecting his Pakistani nationality, as claimed by government records in India. Upholding the contention of DGP Thakor, representing the state, the court said, “Once a person has failed to establish him as an Indian citizen and accordingly, the government has successfully proved that he was in the Foreigners Act.” defined is a foreigner…, the plaintiff has no right to reside in India under the guise of claiming termination of citizenship under section 9 of the Citizenship Act.”