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Supreme Court asks centre to deport 22 Pakistanis
3/9/2010 12:02:26 AM

Agencies

New delhi, Mar 8: Observing that prisoners from Pakistan who had out-served their sentence in Jammu and Kashmir should be deported, the Supreme Court on Monday asked the Government of India to pass appropriate orders under the Foreigners Act in respect of 22 in two months.

A Bench, comprising Justice JJ Mr. Markandey Katju and Justice R.M. Lodha, made it clear to the government that the Centre must grant the prayer of some of the prisoners for deportation as they had served their sentence and there was no case pending against them.

A petition was filed in 2005 for the release of 124 detainees who were detained under the Public Safety Act in the state for over 10 years at that time. 42 prisoners were deported by India out on the direction of the Supreme Court.

Talking to Press Bureau of India, the petitioner, Professor Bhim Singh, JKNPP president said that Apex Court also rejected the New Delhi's plea that these detainees shall only be released in exchange of equal number of Indian prisoners in Pakistan.

"Relief under Article 21 of the Constitution of India is available to every person irrespective of his nationality or otherwise. This provision in the Indian Constitution can not be allowed to be diluted", the bench stressed.

The Bench stated that it was not concerned as what happened in Pakistan. "How the government can keep them in detention in violation of the fundamental rights of a person for years together without resorting to the procedure of law," the court asked, Bhim added.

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