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No relief for prisoners of apathy
Hundreds of foreign nationals wait to be deported to their countries
Chitleen K Sethi
Tribune News Service

Chandigarh, March 2
In gross violation of international conventions, hundreds of foreign nationals are languishing in jails across India, even years after the completion of their sentence. They are waiting to be deported to their countries.

For a few inmates this “punishment” has continued for over a decade. For others the wait has extended from four to six years. The prisoners who were arrested with their families have been separated from their children for years with the younger members lodged in observation homes.

Information gathered under the Right to Information Act by city-based advocate and RTI activist HC Arora has revealed that these prisoners are caught between no clearances from the Union Ministry of Home Affairs and the alleged apathy of their native countries. Most of these persons are from Pakistan, Bangladesh and Myanmar while some are from Russia, Jordan Switzerland, Austria, Singapore, Poland, Taiwan, Uganda, Nigeria etc.

Abdul Sharif, from Pakistan, completed his sentence on August 29, 1997 and has been ever since a “guest” at Central Jail Amritsar. In the same jail is lodged Shukla Ghosh who completed his sentence in October 2000. Haran Rashid, another Pakistani, is waiting to go back home since February 2004.

The jail, declared as “transit camp” for foreign nationals has 77 foreign internees, all of whom have completed their sentence of imprisonment but have not been deported to their respective countries. These include as many as 58 Pakistanis, 10 persons from Myanmar, five Bangladeshis and a Jordanian.

Karnataka has 56 foreigners in its jails, including two dozen Bangladeshis, a dozen Nepalis, three are from Sri Lanka, two Pakistanis, two Nigerians and a prisoner each from Taiwan, Vietnam, Tanzania, Singapore, Nigeria, Kenya, Uganda, Poland, Switzerland, Austria.

Here, a Sri Lankan Mira Sahib Shamshudin, has been languishing in jail since May 17, 2004 and another Pakistani Mohammad Ali Hussain since December 8, 2007. The Andaman and Nicobar jail has 248 foreigners awaiting deportation since “no confirmation has been received from MHA so far”. These include 156 Bangladeshis, 51 Sri Lankans and 41 from Myanmar.

Similarly, in the district Jail, Goalpara, Assam, there are 38 foreign nationals who have been detained under orders of Foreigners Tribunal Court, but the permission from MHA for their deportation is awaited.

Following an RTI query, Ashim Khurana, joint secretary, Ministry of Home Affairs stated that the policy relating to detention of foreigners and their deportation was a “classified document” and could be provided under the RTI Act since “disclosure of the policy could prejudiciously affect the security of the State and relations with foreign states.”

He, however, added that many of the foreign nationals who had completed their sentence did not have valid travel documents. “These foreigners would have to be issued travel documents by the concerned foreign mission, which normally takes considerable time,” stated the MHA reply.

“There is a general apathy in dealing with these persons. It seems no one, either here or in their parent state is bothered that these persons rotting in jails in India, waiting to taste freedom and go back to their homelands,” said Arora. 

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