Srinagar: A local court here Friday directed the authorities to deport within one month a Pakistani national who has already served more than 16 years in jail.
The directions were passed by Principal Sessions Judge Srinagar Mohammad Shafi Khan after convicting Abdul Hai Malik of Haknawaz Shaheed Mohalla in Jang area under Egress & Ingress Movement Control Ordinance (E & IMCO) for illegally crossing over to Kashmir from Pakistan.
Malik, according to police, was arrested from Maisuma area here when he attempted a bid on the life of one Sajjad Hussain on October 18, 1996. However, the court acquitted Malik of the charges for want of evidence.
“The accused/convict (Malik) is sentenced to undergo rigorous imprisonment of two years under section 3 E&IMCO with a fine of Rs 1000,” the court said, adding, “In default of payment of fine, (Malik) shall further undergo rigorous imprisonment of two months.”
The court, however, also directed that the period already served in jail by Malik shall be counted in the period of his sentence. While awarding the maximum two year jail term under section 3 E&IMCO, the judge held that special reasons were to be recorded if lesser punishment was awarded as was prayed by the counsel representing the Pakistani national.
The court also directed Malik to be lodged in Central Jail Srinagar till the state agencies take necessary measures for his deportation to Pakistan.
“Copy of the order shall be forwarded to IGP, CID, Jammu, for taking necessary measures to ensure the deportation of (Malik) within shortest possible time preferably within one month which shall be in consonance with directions of Supreme Court.”
The apex court has ruled that the foreign nationals who have served the sentence and whose national status has been established and are otherwise not required for any other offences in the country must be deported as early as possible but in no case later than one month. Advocates Shabir Ahmad Bhat and Hamid Shafi represented the Pakistani national in the court.