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| Woman, minor languish in JK jail as Pak yet to confirm nationality | | | Early Times Report
Srinagar, Apr 30: A woman and her minor child are languishing in a Jammu and Kashmir jail for the past five years as the Pakistani government is yet to confirm her nationality despite having provided consular access.
However, Jammu and Kashmir High Court has directed the state government to take steps within three weeks for deportation of a woman and her child to her native country after confirming her nationality with the Pakistan High Commission.
Rubina, a Pakistani national, was arrested on November 6, 2012 and booked under section 14 of Foreigners' Act by police at Jammu. She was later convicted and lodged under Public Safety Act (PSA) at Kotbhalwal jail, Jammu, along with her minor child.
The state government in the statement of facts stated that Rubina was provided consular access with the officials of Pakistan High Commission on February 26, 2013 at central jail, Amritsar. However, the Pakistan High Commission has not confirmed her nationality so far.
The Court was apprised that Ministry of Home Affairs Government of India (GOI) is constantly pursuing the matter regarding the confirmation of petitioner's nationality through External Affairs Ministry and as soon as nationality of petitioner is confirmed, travel documents will be issued to her and she would be repatriated to Pakistan. However, the counsel for petitioner Rubina informed the court that all details about the petitioner in the application were filed in the court.
The HC said that therefore it would not be difficult for the government to confirm the nationality of the petitioner with Pakistan High Commission and in making arrangements for deportation along with minor child.to her native country.
The court had directed government to take steps for deportation of the petitioner within 4 weeks through an order on April 15, 2015.
However, her counsel pleaded that she was presently lodged at the Kotbhalwal Central jail along with her minor child in violation of the court order.
The court observed that perusal of the statement of facts filed by the state revealed that the matter had been taken up with Ministry of External Affairs and Ministry of Home Affairs. However, they are asking for full details about the petitioner and it is only because of this, the case was stuck at the terminal stage.
However, the court said, Primarily it is the responsibility of the state government to seek full details of the petitioner and to ensure deportation/ push back of the petitioner along with her child as directed by this court in terms of order dated May 12, 2014, while disposing of the Habeaus Corpus Petition. But the state government has left it to the petitioner, who is a woman without any human support, the court said adding that was the counsel of the petitioner who has come forward to help her and prosecute this petition. The court said that there should be no difficulty for the State respondents to ascertain the full particulars with reference to the nationality of the petitioner. |
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