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| HC dismisses Govt's appeal, directs deportation of Pak national | | | Early Times Report
Srinagar, Aug 22: The J&K high court has dismissed an appeal filed by government in 2012, seeking five years imprisonment for a Pakistani, who had served more than five years in jail.
A single bench of the court comprising Justice Muzaffar Hussain Attar also directed the government to take immediate steps for deportation of Saqib Aziz Malik of Multan, in accordance with law.
The court dismissed the petition after government counsel admitted that at the time the appeal was filed, Sakib had already completed five years of imprisonment, the maximum punishment provided under section 14 of the Foreigners Act under which he was convicted by the trial court in Kupwara.
The government counsel also submitted that the matter has been taken up with the Law Department and Home Department for taking steps for deportation the foreigner.
The trial court had convicted and sentenced Sakib to undergo four years of imprisonment for having committed offence u/s 14 of Foreigners Act.
"In the admitted fact situation of this case, the respondent (Sakib) has remained in custody of the Appellant (government) for more than five years," the court said and dismissed the appeal. Advocate representing Sakib said that his client should be provided compensation for the illegal detention by the government. "In view of request made, respondent (Sakib) will at liberty to seek compensation or any other relief, if so advised," the court added.
As per police Sakib was arrested in November 2006. Sakib had told the trial court that he was captured by forces near the border and taken to Kupwara. While convicting him under the Foreigners Act, the trial court held that it would be wrong to say that any material was recovered from him. |
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