Court found him not guilty, administration failing to deport him
SRINAGAR: More than 23 years in jail, and acquitted for charges levelled under sections 302, 307 RPC and 7/25 Indian arms act in 2015, a Pakistan Administered Kashmir (PaK) resident awaits deportation to Pakistan.
Syed Sajad Bukhari, a resident of Mandyari Kotli in Muzaffarabad (PaK), was arrested in the 1995 by police and lodged at Parimpora Police Station (FIR no. 136/1996) on charges of firing on a police jeep coming from Uri to Srinagar. The case was decided on 13th May 2015 when the court acquitted him. But he was kept under ‘preventive detention’ under public safety Act. It has now been two years since the detention began, Bukhari still awaits deportation.
Lodged at Kot Balwal jail in Jammu, Bukhari has moved an application through his counsel Mir Shafkat Hussain to plead for his release. The application says that keeping someone behind bars without being found guilty is injustice and inhuman. He pleaded that he served jail for 23 years without any reason and despite of him being deported back to his country he was kept in preventive detention for more than two years.
Taking note of Bukhari’s application, Justice Ramalingam Sudhakar ordered the Director General J&K Police to take appropriate steps for getting a No Objection Certificate for Bukhari from Jammu zone of his police department and forward the same to the Union government within a period of four weeks. All the police stations from Kashmir zone have already given their NOC’s for his deportation.
The court also passed a direction to principal secretary to take a decision on the issue of deportation of the detenue. The court remarked that government agencies cannot keep someone in preventive detention for such a long period after being acquitted from the charges levelled against him. The court also remarked that Bukhari should be deported on humanitarian grounds without any further delay.