The Jammu and Kashmir High Court has asked the government of India as well as the state government to ensure within six weeks deportation of a Pakistani national, Qari Muhammad Ismail, to his native country in keeping with the applicable laws.
A bench of the High Court directed union Ministry of Foreign Affairs through its secretary, Union Home Ministry through its secretary, JK government through its Principal Secretary Home, Director General of Prisons and Inspector General of Police to ensure deportation of Qari.
While court directed the government to issue necessary orders within a period of six weeks, it said till the time he was deported to his native place, Qari’s lodgment not be changed.
The directions followed after the detainee’s counsel, Advocate Mir Shafaqat Hussain pleaded that Qari Muhammad Ismail son of Wali Muhammad Khosa of Kaboo Said Khan Shahded Kote, of Larkana, Sindh Pakistan is presently lodged in Central Jail, here pursuant to a detention order under PSA.
“ The detenue was facing trial in case ( FIR no. 115/2008) of Police Station Rajbagh for the commission of offences punishable under sections 14-Foreigners Act , 2/3 EIMCO and 7/25 of the Arms Act before the court of 2nd Additional Sessions Judge, Srinagar,” Mir pleaded.
Advocate Mir argued that on April 6 last year the court convicted Qari and subsequently sentenced him to undergo simple imprisonment of five years and imposed on him a fine of Rs 10,000. Citing the trial court order, Mir pleaded that the court has observed that the convict has remained in jail for more than five years and ordered his repatriation to his native country on the expiry of the period of sentence.
In order to regulate his continued retention, the counsel pleaded that the government detained the convict in terms of an order of the Home Department dated April 28, 2016 till the time he was repatriated to his native country.
Advocate Mir while referring to the government’s reply to the petition, submitted that the case of detenue was recommended in terms of communication dated 29.07.2016 to the Ministry of Home Affairs and the Ministry of External Affairs for further necessary action. “However, the requisite action is still awaited,” he pleaded.