The Bombay HC will hear his plea also against an order of his detention by the Special Branch.
Besides his application to the Indian government for an Indian citizenship is still pending.
"He has been in detention for over two months now without any justification," said his lawyers Raj Awasthi and Tanveer Nizam who will be filing two separate petition in the HC on Monday. "The detention order by the cops at the Special Branch (II) says he is likely to indulge in anti-national activity, but there is no explanation to justify it in the order."
Siraj had come to India inadvertently as a little boy of 10 on a train and has been earning an honest income and tried raising a family. He was detained at the Children's Home in Ahmedabad and has undergone his six month sentence too after being convicted by a magistrate in January for residing in India as a Pakistani national without documents. "The Indian constitution has bestowed upon them Fundamental Rights of Right to Life for a life with dignity and Right to equality. It is not possible for Sajida to enjoy these rights if her husband get deported. She also has been given a statutory right of "Restoration of Conjugal Rights". How would this happen if Siraj is deported?" said Tanveer.
Since Siraj's appeal is admitted by the Sessions court, there was hope that the authorities would grant some time as it would otherwise defeat the very purpose of the appeal allowed by law, his lawyer and a young social worker Imraan Khan who has been helping the family said.
The Children each day ask their mother when their father will return home. "As a child Siraj missed the love and care of his parents and now his children are denied the same affection. Hope we can bring justice to this family," said Tanveer.
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HC stays deportation of Pakistani man till July 28
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