SHE has not seen her daughter for almost 10 years.

The reason: She has been stuck in Mumbai, India, since November 2000, while her teenage daughter is in Singapore.

Now, Madam Zainab Yousuf, 47, a Singaporean, fears she may not have much time left to see her daughter Nisha because she has breast cancer.

She and her Japanese husband, Mr Tetsyo Hiryama, 62, were arrested at the city’s Chhatrapati Shivaji International Airport after customs officials accused them of smuggling hashish, reported The Times of India.

Because of the huge backlog of cases in Mumbai, the couple’s trial began only in 2006, said their lawyer in India, Mr Ayaz Khan.

By then, Madam Zainab and Mr Hiryama had been in remand for six years.

They appealed against their 10-year jail sentence – but had to wait another three years before it was heard.

The appeals court acquitted the couple in January 2009 but they still cannot leave India because the customs office is appealing against the acquittal, reported The Times of India.

Meanwhile, Madam Zainab and Mr Hiryama are struggling to survive. They have been relying on handouts from friends and family in Singapore, said Mr Khan.

In a phone interview with The New Paper, Mr Khan, said: “India is a big country so it’s not surprising that the courts have many cases to complete.

“My clients were acquitted after it was found that they didn’t give a voluntary confession and the suitcase in which the drugs were found could not be traced to them.

“The sample of drugs was also found to be contaminated.”

Mr Khan said Madam Zainab and her husband travelled to India on tourist visas.

He said Madam Zainab was in the garment trade in Singapore but he did not have any details about her family other than the fact that she has a daughter here.

Madam Zainab was diagnosed with breast cancer while in prison. Said Mr Khan: “She has been suffering from cancer for at least three years after she discovered a lump in one of her breasts.”

He could not give more details of her condition.

Her friends and family are paying for her treatment in a private hospital, he said.

Mr Khan added that the couple live in a rented flat in Mumbai.

They still have their passports, but exit visas must be granted by the Indian government for them to leave the country.

For Madam Zainab and Mr Hiryama, the Bombay High Court’s decision last August to bar them from returning to Singapore has been an added blow.

Mr Khan said: “The court said my clients can’t leave India until the appeal is over.

As the appeal won’t be heard until at least 2012, it means they have to stay in India until then.

“But my clients are now in difficulty as they’re foreigners and the Indian government has refused to issue them work permits.”

On 11 Aug last year, Madam Zainab and Mr Hiryama went to the Bombay High Court to get the Foreigner’s Regional Registration Office to issue exit permits to them.

Appeal

The state counsel then informed the court that the government had no objections in letting the couple leave India even though an appeal against their acquittal had been filed by the prosecution.

But, two days later, the Indian government changed its stand and said the couple had to remain in India, pending the prosecution’s appeal.

The court reprimanded the government for its indecision and ordered it to pay an interim compensation of 5,000 rupees ($150) to each of them, reported DNAIndia, an Indian news website.

The New Paper tried to speak to Madam Zainab but was told by Mr Khan that she was too emotionally distraught to speak.

She was quoted in DNAIndia as saying she was disappointed, but she had to obey the court’s order.

Madam Zainab was so sure she could return to Singapore after her acquittal that she called her daughter to tell her the good news, only to be crushed by the High Court’s decision.

She told DNAIndia: “I had informed my daughter in Singapore that I will see her soon. But I have not mustered the courage to tell her that my return has been postponed.”

On 6 Jan, Mr Khan sought a court order to get the Indian government to pay for his clients’ medical treatment and living expenses, based on their acquittal.

The matter is still pending.

Mr Khan said his clients want to leave India legally and would return for the latest appeal.

The court has asked the solicitor-general’s office to seek directions from the external affairs ministry on providing employment or accommodation to foreigners who have been acquitted but remain stuck in India because of the prosecution’s appeals.

Mr Khan said: “We’re trying to fight for some maintenance for Madam Zainab and her husband as their situation is taking its toll on their well-being.

“My clients are free people in the sense that they aren’t in prison. But they can’t get employment and they need money for medical treatment.

“Madam Zainab has cancer and Mr Hiryama is a frail gentleman who has eyesight and dental problems.”

DNAIndia reported that Madam Zainab would require a third operation as part of her cancer treatment.

“I am not well,” she told DNAIndia. “It is only my willpower that keeps me going.

“Even before the Supreme Court (sic), I want the case to be decided finally so that I can go home with a clear conscience and be free in the true sense of the word.”

This article was first published in The New Paper.