Afghan National: Afghan National's Jail Term in Fake Passport Case Upheld | Mumbai News

Mumbai: A decade after an Afghan national attempted to travel to London from Mumbai on a forged Indian passporta sessions court upheld the three-year simple imprisonment sentence awarded to him by a magistrate’s court in 2013.
Accused Mohamed Zahir’s relative, who had also filed an appeal, died during the pendency of the appeal.
A sessions court said this week that Zahir was also found with the Afghani passport when stopped at immigration.“It is also seen from the record that post Afghani passport; Indian passports are obtained by the appellants. The…passport is seen to be obtained on basis of forged and fraudulent documents. Thus, in view of these circumstances, I hold that these are sufficient facts on record on the basis of documentary evidence produced to hold that present appellant was and is an Afghani national and he by misusing the facts and documents has in fact obtained Indian passport,” the judge said.
The prosecution had submitted that Zahir had arrived in the country on a tourist visa in 2009 and continued to stay after its expiry. In 2013, finding Zahir and a relative guilty under the Foreigners Act, a magistrate said that the accused were freely moving in India as Indians and used all the facilities meant for the citizens. The magistrate said that this is nothing but a sheer disregard for the Indian laws. “Moreover, by preparing to enter London under false identity and using forged passport, the accused were also determinant to break British laws. This spirit of the accused to casually break laws, must be broken,” the magistrate said.
The magistrate added that there is no doubt that the accused were duty-bound to report to the FRO after expiry of their visa period. “India being a signatory to various international conventions on immigration and human rights, is answerable to other countries if anything happens to their citizens visiting India. Therefore, Indian authorities must know the whereabouts of the foreigners all the time,” the magistrate said, adding that it was harmful to the national interest that a foreigner remains in India for years together beyond visa period without even informing his or her whereabouts to the Indian authority.
“Thereby, national security of India is compromised. The accused have fearlessly forged all the important documents required to prove citizenship of India,” the magistrate said.
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