Srinagar: Return to Pakistan seems to be a long way off for Rubeena, who claims to be a woman from Pakistan, and her 4-year-old daughter Chand Tara, as the Indian External Affairs Ministry (EAM) continues to await a response to its couple of letters to the Pakistan High Commission in New Delhi for confirming her nationality.
Tahir Majid Shamsi, Assistant Solicitor General of India, on Monday produced before the J&K High Court copies of the two letters sent by EAM to the Pakistan High Commission on July 15 and September 23 last year to ask confirmation of Rubeena’s nationality.
Both these letters were sent prior to the directions by the High Court in December last year asking the government of India to ensure that the mother-daughter “return to their roots” at the earliest.
“A reading of the (letters) reveals that there is no positive response from the High Commission of Islamic Republic of Pakistan in New Delhi, despite the detainee (Rubeena) giving her place of origin,” said a single bench of Justice Ramalingam Sudhakar while hearing Rubeena’s plea, filed by her through advocate Mir Shafaqat Hussain.
As per the details given by Rubeena, she is a resident of Ishda Lal Masjid Gate, Musa Colony Hyderabad, Pakistan, and her father’s name is late Dil Mohammad Mir, brother’s name Hyr-ul-Ameen Mir, and that she had schooling at Jabalpur Yarkoot where headmaster of the school was Mashudullah. She has also given details of her maternal and paternal uncles, aunts and neighbours.
Advocate Shah Ashiq Hussain, who was representing Rubeena vice Mir Shafaqat Hussain, said that she was in desperation and the jail atmosphere was affected her mental health.
“Considering the earnest plea and the prolonged detention, the Ministry of External Affairs is directed to make a further request to the High Commission, the Islamic Republic of Pakistan in New Delhi, to verify the particulars given by (Rubeena) and seek its intervention,” the high court said.
It also directed Inspector General of Police (Prisons), Jammu, to take a passport-size photograph of Rubeena, if she permits, and forward it to the competent officer in the EAM in a sealed cover, so as to transmit it to the Pakistan High Commission, for appropriate verification of her claim as to whether she is from Pakistan or not.
The court also took note of the prolonged detention of Rubeena and directed the state government to provide her a trained lady psychiatrist, either from Srinagar or from Jammu. The psychiatrist is to visit and ascertain her condition and suggest measures to help her. “If the psychiatric doctor suggests specific medical treatment, the authorities are to do the needful, keeping in mind that right to life includes right to live a meaningful life,” the court said.
On the last date of hearing of this case in December 2016, the high court had said: “(Rubeena) and her minor child’s position, at the moment, is of a person in no man’s land, which belongs to none, but fact of the matter is that the lady does belong to some place on the planet and it becomes duty of the concerned authorities to secure confirmation about her nationality at the earliest.”