Indian nationals arrested for not staying at given...

Indian nationals arrested for not staying at given address

Zim Now Writer

FIVE Indian nationals arrested on allegations of violating the Immigration Act after they went to a different lodge than the one declared on arrival into the country, have filed an urgent High Court application for a mandatory interdict against further detention.

“It would appear that the second respondent has invoked the Warrant for Further Detention erroneously as it is meant for prohibited immigrants. Applicants are not prohibited immigrants. The continued detention of the applicants is wrong and unlawful and would need the urgent intervention of this honourable court,” the application reads.

The application cites Home Affairs minister Kazembe Kazembe, Chief Immigration Officer and Zimbabwe Prisons and Correctional Services Commissioner General Moses Chihobvu as respondents.

Court papers show that Tamas Sahidahemad Vahora, Shabbirbhai G. Shaikh, Asif Daood Shaikh, Ashab Ibrahim Daula and Mohmediyaz Yakub Pir arrived in in Zimbabwe on January 31 on holiday visas.

The five were arrested for contravening the Immigration Act by filing a false declaration after they were found staying at a lodge different to the one on the declaration form.

They appeared at the Harare Magistrates Courts where they were granted $20 000 bail. They were ordered to surrender their passports and to continue staying at the lodge from where they were picked up by the police.

Vahora, who wrote a founding affidavit in which he represented the other four, said the five found alternative accommodation after their original plans went awry.

“We had, through an Indian agent who had organised the holiday for us, decided to stay at a certain place whose details we can no longer recall. I do not have the paper with the details, they are currently in the possession of prison authorities and I have no access to them.

“We waited for almost 4 hours trying to get hold of the agent. When it became clear that the agent had duped us, we decided to look for alternative accommodation. We asked around and we were recommended to a lodge in a neighbourhood said to be used by people of Indian origin. We then proceeded to Rest Guest House which is at number 90 Elmont Road, Belvedere, Harare where we managed to secure accommodation,” wrote Vahora.