Yasin (5) and Bismillah (3) are the children of Mohammed Khalid and Salma, a Bangladeshi national, and were picked up along with their mother from their Faridabad home by Delhi Police on January 6 for “illegally” staying in the country, a senior police officer said.

While Yasin can be an Indian national, Bismillah is considered a Bangladeshi national as per the Citizenship Act which was amended in 2003.

According to law, a child born after 2003 to a Bangladeshi national cannot be conferred Indian citizenship and Bismillah falls in this category.

Salma and the two boys along with one Malti Patri, who was later released, were picked up by North-East district police who handed them over to FRRO branch of Delhi Police for further action the next day.

A scrutiny of documents submitted by Khalid to prove their innocence have revealed that Salma and their younger son were Bangladeshis.

“Salma and Bismillah are Bangladeshi nationals. We have submitted a report to FRRO. They will go through it and take an appropriate decision,” Deputy Commissioner of Police (North-East) Surinder Singh Yadav said in New Delhi.