Srinagar: The J&K High Court directed state government to deport a Pakistani national to his native country within two months without any further delay.
Akhtar-ul-Islam Malik Teeli, a resident of Purana Karole Baghbanpora, Gujjarpora Lahore, Pakistan has spent 12 years in jail without any charges proved against him. He has been acquitted by courts of all charges, but kept under prevention detention by the state.
Teeli was arrested in May 2007 by Police Station Vilgam in connection with cases, bearing FIR No.29/2007 for commission of offences punishable under Section 302, 307 RPC, 7/25 Arms Act and FIR No.32/2007 under Section 7/25 Arms Act, 2/3 E&IMCO Act. He was charge sheeted before the court of Sessions Judge, Kupwara where he was acquitted, vide Judgment dated 04.10.2011 of all charges.
Against the said judgment, the state filed Acquittal Appeal. The Court vide order dated 22.12.2017 dismissed the acquittal appeal filed by the state. After acquittal, he was kept under preventive detention and lodged at Kotbalwal Jail, Jammu.
The petitioner’s counsel Mir Shafkat Hussain filed the instant petition, whereby he sought quashing of Detention Order No.Home/PB-VI1701/2017 dated 11.09.2017 with a direction to the state to deport the petitioner to his native country.
Advocate Shafkat pleaded that a person has been suffering from 12 years, is not a criminal as he has been acquitted by the court but still keeping him under preventive detention is a clear violation of human liberty. He submitted that government by now should have deported him back but unfortunately it was not happening on ground.
The state counsel B A Dar informed the court that that the process for deportation of the petitioner to his native country was initiated by the state authority and after receiving the pre-requisite NOC from the concerned quarters, the matter was taken up with the Home Department J&K, vide communication dated 10.03.2018, intimating that the petitioner is no more required/wanted in any other case(s) in the State of Jammu and Kashmir with a request to take up the matter with the Ministry of Home Affairs/Ministry of External Affairs, Government of India, for deportation of the petitioner to his native country.
Justice Tashi Rabstan while hearing the counsels directed state government to take immediate steps for deportation of the petitioner to his native country, preferably within a period of two months positively. “Registry is directed to supply copy of this order to the Superintendent of Central Jail, Kotbalwal, Jammu,” the court said.