With Pakistan's confirmation to the nationality of Rubeena and her minor daughter, Chand Tara, who are languishing in Jammu's Amphalla jail for five years, the High Court here Saturday directed the authorities to deport the duo to their native country by August 21.
Rubeena, who hails from Musa Colony in Pakistan's Hyderabad city, was arrested by Jammu and Kashmir Police along with her daughter in Kanachak area of Jammu in November 2012 when she was found moving in a suspicious manner. She was booked under Section 14 of the Foreigners Act.
Though in May 2014, the High Court ordered deportation of Rubeena, she could not be repatriated to Pakistan for want of confirmation of her residential address.
Counsel for Union Government, Tahir Shamsi, today produced a communication from Union External Affairs Ministry before High Court that attests nationality of Rubeena by Pakistan High Commission.
Following this development, a bench of Justice Muhammad Yaqoob Mir directed the government to implement the judgment of May 12, 2014, and directed deportation of Rubeena to her country by August 21.
While hearing a petition by Rubeena through her counsel Mir Shafaqat Hussain, the High court in May 2014 had asked the authorities to deport Rubeena and her daughter to Pakistan within four weeks. However, she was not deported because of Pakistan did not confirm her nationality.
In December 2016, the High Court had observed it as a "glaring example of human tragedy and said the lady does belong to some place on the planet.
On August 29, 2014, Rubina had moved the court a contempt petition through her counsel, Mir.
The stand taken by the State and Union of India was that the particulars, provided by Rubeena in the writ petition were sent to the authorities of Pakistan Embassy at New Delhi for confirmation of her nationality for carrying out her deportation.
In its initial stand, the Ministry of External Affairs, Government of India, held that authorities of Pakistan Embassy did not confirm the nationality of the petitioner on the basis of particulars which were furnished to them.
On March 30, 2016, Rubeena's counsel Mir Shafaqat, filed an application before the court furnishing details of her residential address in Pakistan.
Her address has been shown as IshdaLaL Masjid Gate No 10, Gali No 10 Musa Colony Hyderabad Pakistan; Father's Name: Late Dil Mohammad Mir.