SRINAGAR: The Jammu and Kashmir High Court has directed the state government to file objections to a petition in a week’s time that seeks deportation of a Muzaffarabad resident languishing in Baramulla jail for the past one-and-a half year. The Pakistan-administered Kashmir citizen has been diagnosed with a serious ailment in his leg that might require amputation.
Kazim Shah, son of Bakar Shah of PaK capital Muzaffarabad crossed the Line of Control (LoC) near Uri on September 18, 2014. However, he was arrested by Border Security Force (BSF) personneland later handed over to police. He was booked in a case (FIR no 46/2014) at Police Station Uri for the offences punishable under section 2/3 EMCO. The cops later presented a charge sheet against Shah before Judicial Magistrate Uri which convicted and sentenced him to a simple imprisonment of one year and two months on November 4 last year. His period of sentence was to commence from the date of his arrest.
The court had also directed the Secretary Home department to take requisite steps for his deportation to Noonawall district Bagh, Muzaffarabad after completion of sentence term.
In view of the judgment, the Secretary Home had to take effective steps for his deportation by or before 12 November 2015, Shah’s counsel, advocate Mian Qayoom pleaded before a single bench of Justice Ali Mohammad Magrey.
Instead, Qayoom said, Shah was booked under PSA vide a government order (Home/PBV/1336 of 2015) on 19 November 2015 and lodged in district Jail Baramulla.
Mian Qayoom, who is the president of Kashmir High Court Bar Association, had met Shah during the lawyers body’s visit to the Baramulla jail.
Shah told the visiting team that he had not crossed the LoC intentionally but it was accidental crossover.
“There was a quarrel between him and his wife. While his brothers-in law had beaten him ruthlessly, he had escaped them and in the process crossed the LoC,” Qayoom said and pointed out that the house of Shah’s in-laws is situated adjacent to LoC.
Shah had also told the lawyers’ team he is nursing a grievous injury on the right ankle. The septic wound is discharging puss continuously.
As per medical report, his right ankle shows “Chronic Osteomyelitis (Right) Calcaneum with Septic Arthritis (Right Ankle)” and he needs debridement of the joint. He also told the lawyers’ team that the doctors have advised amputation of his leg but as no one from his home was available in Kashmir to look after him, it could not be done.
In his petition, Shah has sought immediate deportation to his native place where he can take appropriate medical treatment, as otherwise there was danger to his life. “The continuous puss accumulation will affect his entire system,” Qayoom said and urged the court to direct his immediate repatriation. In view of the urgency, the court directed government to file response to Shah’s plea with a week.