MHA taking Pakistani national's deportation casually: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik
Chandigarh, April 6

Taking note of a Pakistani national’s overstay in judicial custody for nearly three years after the completion of his one-year sentence, the Punjab and Haryana High Court today 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,” asserted Justice Arvind Singh Sangwan of the High Court.

The directions by Justice Sangwan came on habeas corpus petition filed by Pakistani national Mohammad Asif against the Union of India and other respondents for releasing him. The Bench 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 Indian Passport Act and Foreigner Act.

His counsel 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 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.

The case will come up for hearing in April third week.

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