Srinagar: Jammu and Kashmir High Court has ordered deportation of two foreign nationals and has quashed detention order under Public Safety Act against another who is claimed to be involved in Bemina and Hyderpora fidayeen attacks.
The directions were passed by the court after hearing separate petitions filed by the duo— 22-year old Noor-ul-Haq, a resident of Mecca Sharief Saudi Arabia, and 40-year old Asgher Ali of Jandwalla Bawalpur Pakistan— through their counsel advocate Mir Shafaqat Hussain
Disposing of the petition filed by Ali, the court observed, that he was not required in any case of substantive offence and directed his deportation to Pakistan.
Similarly, the court observed that there was no impediment in repatriation of Haq to his native country and directed the government to take steps for his deportation.
The court also directed government to look into identification aspect of the case also. The direction followed submission by his counsel that at the time of detention, Haq could not convey correct name to the officials and he is not being identified by his country for the same reason.
Meanwhile the court also quashed the PSA against 22-year old Zubair Talha Zarrar, a resident of Multan Pakistan, who was booked under PSA (DMB/PSA/12 of 2013) on December 14 last year on the orders of District Magistrate Budgam.
“Detenue admittedly is facing trial in case FIR no. 51/2013 under section 302, 307,120-B-447, 467, 323 RPC, 7/25 Arms Act, 3, 4, 5 Explosive Substances Act, 16,18,19, 20, 40 ULA(P) Act and and 14 Foreigner Act at P/S Parimpora and FIR 200/2013 under section 302, 307, 120-B, 212, 326 RPC, 7/25 Arms Act at Budgam,” the court said.
The FIRs pertain to fidayeen attacks at Bemina and Hyderpora areas of the city last year.
There is nothing on record, the court observed, to suggest that the detainee at any point of time made an application for his enlargement on bail or any of his alleged accomplices was let off on the bail.
“It is well settled that when a person is in custody on a criminal charge and remanded to judicial/police custody under orders of the trial court or the magistrate, the right course for the respondents is to resist any effort made such person to get admitted to bail and not fall back on extra ordinary tool available under the J&K Public Safety Act,” the court said, and quashed the detention order.