LAHORE: An Indian citizen, intending to perform Hajj on foot, would still have to wait for the transit visa from Pakistan as the Lahore High Court rejected his request on Monday.

The petition was filed by Pakistani lawyer Sarwar Taj on behalf of Indian citizen Shahab and the high court rejected it for Taj not being an aggrieved party.

“How can the court order without hearing the affected person?” LHC judge Justice Shahid Waheed said, adding that the presence of the person concerned was “a must”.

Shahab also known as Shahab Bhai started his journey on June 2 from Kerala, India, a vlogger reported in a series of videos on YouTube. It has been 133 das since he left from his home on foot.

He has been stuck in India’s Amritsar for the past 17 days as he seeks a letter from the Indian external affairs ministry, a pre-requisite for getting the Pakistan visa.

Addressing the petitioner Taj, Justice Waheed asked who was Shahab Bhai?

“He is an Indian citizen and has reached the Wagah Border [near Lahore] after walking for 3,000km,” the lawyer said. “And he does not have a Pakistan visa. He wants to go to Saudi Arabia by entering Iran through.”

Taj requested the court to issue directives to the federation of Pakistan for the issuance of the visa. “There are 300 million Muslims in India and our hearts beat with them.

Additional Attorney General Nasir Ghuman urged the court to reject the request, contending that a Pakistani citizen could not file a petition seeking a visa on behalf of an Indian national.

Justice Waheed asked about the name of Shahab’s father.

The petitioner, who had made the contact with his client via WhatsApp, said that he had filed the writ petition as a Muslim.

The judge reprimanded the petitioner, saying: “You look like an Indian spy to me and there will be more people with you.” Later, the judge rejected the plea.

Shahab’s lawyer has said that he would challenge the decision.

Separately, he also filed a request to the interior ministry. The request, a copy of which is available with Aaj News, called for “urgently issuing” a visa to the Indian citizen and demanded of the government to provide him security, adding that Shahab was bound to pay the expenses.

“He will pay Rs500,000 and will submit during the court proceedings for security. He is ready to pay more if such expenses are high,” it said and urged the government to order officials for issuing the visa.

Petition

The petition was filed under Article 199 (jurisdiction of the high court) of the Constitution.

“That the petitioner is a poor but an humanitarian person and believes in the proverb ‘do good and have good’,” said the petition, a copy of which is available with Aaj News, adding that Taj came to know about the “Shahab Bhai” who intends to perform pilgrim (Hajj) on foot via Pakistan, Iran has been restrained/stopped at the Wagah Border having “no entry visa”.

It added that the lawyer became “worried and restless” after getting to know about it as such moved many applications to respondents and others with the offer to bear the expenses for providing security to the Indian citizen but the said application has been hushed up.

“That now the world has become like a global village and it is the duty of states to facilitate that one may accomplish his religious feelings/desires.”

It alleged that the respondents, the state functionaries, failed to perform their obligation. Taj described the response of respondents and other government machinery as “mum” and “slumbering”. It claimed that nothing has been done.

“If the respondents are not directed to dispose of the application of the petitioner and to do the needful so that Shahab Bhai may perform Hajj on foot,” it said, “if the applications of the petitioner are not directed to be disposed of fairly, justly and on humanitarian ground the petitioner and the said Shahab Bhai shall suffer mental, physical and spiritual injury.”

It added that the petition was the “last resort”.