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| 17 Pakistani prisoners to be deported on May 20 | | |
EARLY TIMES REPORT
NEW DELHI, May 10: The Supreme Court today granted four weeks time to the Union Government to find the exact status of five detenus under Jammu and Kashmir Public Safety Act (PSA) who have completed full period of their sentences and are languishing in different jails in India.
A Division Bench of the Supreme Court comprising J J, J.M. Panchal and R M Lodha directed the Union of India to expedite the CA process to determine their identity so that they could also be deported back to country of their origin.
The Solicitor General had made submission that Pakistan has not yet identified. Five prisoners are Manzoor Ahmed Sheikh alias Umer, son of Wali Mohd, resident of Chamati Dherkot, District Bagh, POK, Mohd Aslam Mughal alias Zahoor Ahmed, son of Mohd Ashraf, resident of Dharey Tehsil & District Bagh, POK, Abdul Qadeer Khawaja, son of Fida Mohammad Khawaja, resident of 40, Mitra Street behind Itifaqia, Masjid Shah-Shaheed, Kabul, Afghanistan, Liyaqat Ali Khan alias Mehboob Ali, son of Dilarama Khan, resident of Allahabad, Charbagh, Swat, NWFW, Pakistan and Mohd Abdullah alias Abu Murad, son of Abdul Rehman, resident of Mugalpora, Lahore, Pakistan.
In the meantime, the Supreme Court also directed the Union of India represented by its Solicitor-General, Gopal Subramaniam to report the compliance of the deportation order of the Supreme Court regarding 17 other detenus whom the government would deport to Pakistan on May 20, 2010.
They were recommended for deportation by the state government following direction of the Supreme Court on a habeas corpus writ petition filed by Bhim Singh, Executive Chairman of the State Legal Committee, J&K.
Bhim Singh had filed a writ petition in 2005 for the release of about 124 POK, Pakistan, Afghanistan citizens who had undergone sentences and were not needed in any case by the Government of J&K or Government of India.
More than 250 POK and Pakistani prisoners arrested by the Government of J&K for terrorist activities have since been released and deported on the direction of the Supreme Court of India.
Bhim Singh submitted before the Apex Court that rule of law is the cardinal principle followed by the Indian judiciary in the light of the spirit carried in Article 21 of the Constitution of India. He said that the law that operates in Pakistan is a military dictate and that’s why bartering of human beings is not permitted by the Constitution of India.
Another Division Bench comprising JJ Altmas Kabir and H.L. Gokhaley directed the Union of India to report on the deportation of Waqar Shah who was arrested 16 years back in Kashmir and has exhausted all sentences.
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