J&K to expedite process for early repatriation of Pak nationals

J&K to expedite process for early repatriation of Pak nationals

28 October 2012
The Daily Excelsior
Neeraj Rohmetra

Jammu: The State Government would expedite the process involved in repatriation of several Pakistani terrorists to their home country, who have completed their term in various jails located across the State.These assurances were given by Additional Secretary, Home Department, Ms Dilshad Khan to the Supreme Court Bench comprising Justice R M Lodha and Justice Anil R Dave, while responding to the petition filed by Panthers Party chief Prof Bhim Singh regarding release and deportation of foreign prisoners, particularly from Pakistan, who had served their sentences and were no longer required by law in India.'The State Government shall henceforth expedite the process of sending no objection for repatriation once it decides not to challenge the acquittal of the prisoners in the list of detainees', said the affidavit.The Apex Court also directed the Government for giving early clearances for around 25 people, once the Pakistani High Commission confirms their nationality. 'With regard to the 25 persons, we direct that those whose nationality is confirmed by the Pakistani High Commission shall be repatriated as early as possible and in no case later than three weeks from the date of receipt of no objection from the Government of Jammu and Kashmir by the Ministry of Home Affairs, Government of India', the order said. However, the Jammu and Kashmir Government has chosen to challenge the acquittal of several top terrorists, who had incarcerated for involvement in different militancy related incident. Sunil Fernandes, Standing Counsel of the State submitted before the Bench that in several cases the State had decided to challenge the acquittal before the High Court or this Court, as the case may be. These cases included that of Saqib Aziz Malik, Allah Ditta,Baber Naseem Wardak, Mohd Adnan Malik, Mohd Shafwat Shah, Ajaz Ahmad Bhat, Mohd Suhail and Waseem Ahmed. 'Presently, no directions can be issued to Jammu and Kashmir Government or Ministry of Home Affairs for their repatriation as their acquittal is being challenged', the Bench reacted. Further, the State counsel informed the Bench that the investigation of crime against Jameel Ahmad Awan and Abdul Majid Ariya had been completed and charge sheet had been fled in the Court of Chief Judicial Magistrate, Jammu. 'With regard to these two persons as well no further orders needs to be passed by us', said the Apex Court added. An additional affidavit had also been filed by the Government of India through Vikas Srivastava, Under Secretary (Foreigners) in the Ministry of Home Affairs. It had been stated in the affidavit that out of 29 Pakistani nationals as per the list Annexure 'D' of the affidavit dated August 2, 2012, nationality of four had been confirmed by the Pakistani High Commission. These included Abdul Hamid and Rahila Akhtar, who had been repatriated on September 18, 2012 while as Mohd Asif Khan and Nadeem Sarwar had been repatriated on October 9, 2012. 'As regards, the remaining 25 persons, despite communication to the Pakistani High Commission, their nationality hasn't been confirmed so far', said P P Malhotra, Additional Solicitor General of the Union Government. In another case of Ikram Asif @ Kamran, son of Mohd Asif, the Jammu and Kashmir had decided not to file appeal against his acquittal. The Apex Court directed the State Government to send its no objection for his repatriation to the Ministry of Home Affairs (MHA). The Court also directed the MHA to repatriate him within three weeks from the receipt of no objection from the State Government. The Apex Court also discharged the contempt notice issued earlier to Additional Secretary, Home of State Government after the latter tendered unconditional written apology for the lapse in the affidavit submitted on behalf of the State on July 26, 2012. The Bench also directed that the case be listed on November 29.