Following Punjab and Haryana HC intervention, Pak national repatriated

Saurabh Malik

Chandigarh, April 19

Just about a fortnight after the Punjab and Haryana High Court took a serious note of Mohammad Asif’s overstay in judicial custody for nearly three years after the completion of his one-year sentence, the Pakistani national has been repatriated.

As Asif’s petition filed against the Union of India and other respondents came up for resumed hearing before Justice Arvind Singh Sangwan, an affidavit in this regard by the Director, Foreigners Division, Ministry of Home Affairs, was filed in the Court.

Additional Solicitor-General of India Satya Pal Jain also told Justice Sangwan’s Bench that the petitioner was repatriated to Pakistan on April 16. “No further action is required in the present petition and the same is disposed of having been rendered as infructuous,” Justice Sangwan asserted, while disposing of the petition.

Justice Sangwan, on the previous date of hearing, had asserted that the Director (Foreigners) and the Under-Secretary (Foreigners) in the Union Ministry of Home Affairs were apparently taking the matter casually.

“Both the officers are directed to file affidavits before next date of hearing, failing which they are further directed to appear in person before this Court to explain the delay in taking the decision on recommendation sent by the Superintendent, Central Jail, Amritsar, Justice Sangwan had asserted.

Justice Sangwan’s Bench, during the course of hearing, was told that the petitioner was awarded rigorous imprisonment for a year by the trial Court in April 2019 in an FIR registered in May 2018 under the provisions of the Indian Passport Act and the Foreigner Act.

His counsel, during the course of hearing, added that the petitioner had already undergone total imprisonment of about two years and nine months, subsequent to the one-year imprisonment sentence awarded by the trial court.

Referring to an affidavit filed by Amritsar Central Jail, Additional Superintendent, Justice Sangwan asserted it stated that the petitioner’s case was recommended for deportation vide letter dated July 18, 2019. Again a reminder was sent through Additional Chief Secretary (Home), Punjab Department of Home Affairs and Justice (Passport Branch), vide letter dated February 3, 2021, for “further necessary action”.

Another request letter dated March 29 was sent to Director (Foreigners) and Under-Secretary (Foreigners) regarding the decision taken on the petitioner’s deportation. But action taken was yet to be communicated.

“Considering the fact that the petitioner, even if a foreign national, is overstaying in judicial custody for a period more than two years and nine months, on the face of it, it is apparent that the two officers of Ministry of Home Affairs, New Delhi, are taking this matter casually,” Justice Sangwan had observed.