SRINAGAR: The J&K High Court has directed Indian External Affairs Ministry as well as state authorities to ensure deportation of a Pakistani national within six weeks.
A single bench of Justice Ali Mohammad Magrey passed the directions while hearing a plea filed by Qari Mohammad Ismail son of Wali Mohammad Khosa of Kaboo Said Khan, Shahded Kote, Larkana Sindh Pakistan.
Ismail is lodged in Central Jail Srinagar under Public Safety Act and he challenged the PSA detention order in the court through advocate Mir Shafaqat Hussain.
Ismail was convicted in FIR (no. 115/2008, Police Station Rajbagh under section 14-Foreigners Act; 2/3 EIMCO and 7/25 of the Arms Act) by 2nd Additional Sessions Judge Srinagar in April 2016. He was sentenced to simple imprisonment for five years and pay a fine of Rs. 10,000. In default of fine, he had been directed to undergo six months simple imprisonment.
While sentencing Ismail, the trial court had remarked that he has remained in jail for more than five years and directed the authorities to repatriate him to his native country on the expiry of the period of sentence.
Taking note of the sentence order, the government, in order to regulate his continued retention, detained him under PSA on 28 April last year till the time he was repatriated to his native country.
On Ismail’s plea, high court issued notice, calling for government’s response in which it was stated that his case has been recommended on 29 July last to the Indian Ministry of Home Affairs and the External Affairs Ministry for further necessary action. However, the requisite action was still awaited.
Assistant Solicitor General of India, S A Makroo, submitted that the case shall be considered on the recommendation of the state in accordance with law.
“In the above background the petition is disposed of with the direction to all the respondents to ensure deportation of (Ismail) in terms of the applicable laws,” the court said and directed government to pass necessary orders within a period of six weeks.