Pakistani juveniles set for repatriation following Punjab and Haryana High Court’s intervention

Saurabh Malik

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Chandigarh, March 19

In a significant development, two Pakistani-origin juveniles will be repatriated later this month. Following suo motu proceedings initiated by the Punjab and Haryana High Court concerning prisoners acquitted yet still detained, the State of Punjab has indicated a likely repatriation date of March 28.

As the matter came up for resumed hearing before the Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Judge Lapita Banerji, the State counsel placed on record a copy of communication dated March 13 between the Government of India and Punjab Additional Chief Secretary (Home) in this regard.

The Bench had previously referred to an affidavit before observing that its perusal showed three children of Pakistani origin were housed in observation homes within the State. The addresses of two and their families had been verified for their repatriation.

The Bench was also told that no case was pending against the two juveniles. Referring to the procedure, the communication added the children could only be repatriated to their native place after getting their addresses verified through the Ministry of Home Affairs and the Ministry of External Affairs in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

As far as the third child was concerned, consular access was to be provided, which was pending confirmation of address and his family. The Bench also took note of a letter from the state government to the Government of India, stating that Punjab Special Director-General of Police, Internal Security, had no objection if the two children were deported back to their country, as they had undergone their sentence.

The initiation of suo motu proceedings by the high court aims to resolve the predicament of acquitted prisoners still in detention. This judicial intervention was prompted by a meeting between two Pakistani juveniles and Justice NS Shekhawat, the administrative judge for the Faridkot Sessions Division.

The juveniles informed Justice Shekhawat that they remained confined even after their acquittal in April 2023, with their repatriation case pending with the Punjab Department of Directorate of Social Security and Woman and Child Development. The juveniles’ distress, communicated to Justice Shekhawat, led to the referral of their case to the then Acting Chief Justice for necessary action.

Fixing the matter for further hearing on April 2, the Bench directed the compliance of its earlier order asking Punjab government to furnish a list of Pakistani nationals still languishing in the jails across the State even after the completion of their sentence to pave way for their repatriation.