Telangana HC Frees Pakistani National From Prison In Hyderabad, Terms State Govt's Detention Order 'Illegal'

During his stay in India, Gulzar allegedly obtained an Indian passport, Aadhaar, and voter ID cards using fake documents, without revealing his true identity, as stated by the police.

New Delhi: A 51-year-old Pakistani national, Shaik Gulzar Khan alias Gulzar Massih, was released from a Central Prison in Hyderabad after the Telangana High Court set aside a state government order that granted permission to the police to detain him in connection with a case of allegedly obtaining an Indian passport fraudulently, as reported by PTI. He was released from Cherlapally Central prison last week following the orders of a Bench comprising Justice K Lakshman and Justice P Sree Sudha on July 13.

"The GO No. 599 issued by respondent No.1 (Telangana government) is illegal and is liable to be set aside," the bench said in its order while quashing the government order.

"However, this order will not preclude the 4th respondent (Union of India) from completing the process of deportation of the detenu in accordance with the law," the High Court order said.

Gulzar Khan, a native of Sialkot district in the Punjab province of Pakistan, faced accusations of forging documents and illegally entering India in 2011. According to a police official, while living in India, Gulzar got married to a woman from Andhra Pradesh and worked as a painter.

During his stay in India, Gulzar allegedly obtained an Indian passport, Aadhaar, and voter ID cards using fake documents, without revealing his true identity, as stated by the police.

In 2019, the city police filed a case against Gulzar Khan, charging him under various sections of the Indian Penal Code (IPC), Foreigners Act, and the Passport Act. He was arrested in Secunderabad and subsequently granted bail by a local court.

However, the police requested permission to detain him until the deportation process to Pakistan could be completed. In response to this request, the Telangana government issued a Government Order (GO) authorizing the police to detain him in prison. Gulzar Khan was taken into custody once again in February 2022, and he has been detained in Cherlapally Central prison since then.

Gulzar Khan's wife filed a petition in the High Court challenging the GO. M A Shakeel, counsel for the petitioner, argued that the state government has no power to grant permission to the police to detain a person. The High Court has quashed the state government's detention order against Gulzar Khan, though the case against him will continue, he said."