New Delhi: Civil servant-turned-politician Shah Faesal, who had claimed to be on his way to the US to complete his education when he was detained at the Delhi airport two weeks ago, was travelling without a valid student visa.
This is what the Bureau of Immigration told the Delhi High Court Tuesday, in response to Faesal’s habeas corpus petition in which he has alleged that he was illegally detained at the airport in New Delhi on 14 August and taken back to Srinagar, where he is currently.
However, the Bureau of Immigration, in an affidavit filed by before the court, maintained that due process was followed while detaining Faesal.
The agency said the former IAS officer had obtained a B1/B2 visa from the US for a period of 10 years with effect from 27 February 2009.
“This is a tourist visa and not a student visa. The petitioner was traveling on this visa on 14 August even though the petitioner claims he was intending to travel to the US for completing his masters in public administration course,” the Bureau said.
It added that the visa on Faesal’s passport does not allow him to study in the US.
The habeas corpus plea moved on Faesal’s behalf through a ‘parokar’ or next of friend — Mohd Hussain Cader — said the former IAS officer was on his way to Harvard University in the US for higher studies when he was illegally detained at the Delhi airport under the Public Safety Act (PSA).
The Bureau of Immigration said a Look Out Circular (LoC) against Faesal was issued by the Intelligence Bureau (IB) to “prevent the subject from leaving India and inform the originator”.
Faesal was stopped at the immigration counter of the airport and the IB was informed. At the same time, the airline on which he was booked for was also informed about his off-loading.
Once Faesal was taken into temporary custody, he was sent back to Srinagar along with two officers from the Delhi Police, said the agency.
In a separate affidavit, the Jammu and Kashmir government Tuesday told the Delhi High Court that upon his arrival in Srinagar, Faesal began to address a gathering of people at the arrival terminal.
“He started instigating the persons gathered against the sovereignty and integrity of the country having the potential of a breach of peace,” the affidavit said.
The affidavit also stated that Faesal was apprehended on the spot on verbal orders of the executive magistrate who took action and asked him to furnish a bond of Rs 50,000 for keeping the peace. He, however, refused to furnish the bond after which an order was passed by the magistrate, detaining the petitioner.