On February 13, Subbarao — stationed in the US since last year — received a letter dated February 5 from the BIA, rejecting his “motion to reconsider” and “motion to stay” the earlier order of removal and voluntary departure by the department.

Subbarao’s son Vikram — a Navi Mumbai resident — who had been studying Applied Mathematics at the Purdue University, was arrested in April 2006, and charged on 11 counts. He was found guilty of the offence but his sentence has been postponed since 2007. A Chicago court had, on February 12, adjourned his verdict to April 13.

Legal battles are not new for Subbarao, for he himself was arrested on May 30, 1988, at the then Sahar International Airport in Mumbai while boarding a flight to the US on charges of trying to smuggle secret documents out of the country, under the Official Secrets Act and the Atomic Energy Act. Subbarao had himself argued his case as no lawyer could explain the technical aspects of the case.

After a long legal battle, the Bombay High Court acquitted him in October 1991. Later, he formally took up studying law. Well acquainted with different laws, he has been pursuing his son’s case doggedly, writing to top officials and also to US President Barack Obama.

Subbarao now plans to appeal against the BIA order in the US Appeal Court Seventh Circuit, Chicago.

In a letter, requesting help, to the Indian Embassy in the US, he said his departure to India will put his son in a helpless condition. And despite repeated requests to the chief council, Department of Homeland Security (DHS), Chicago, he is yet to receive his passport.