How Many Pakistani Nationals Are Languishing In Jail Despite Acquittal Or Completion Of Sentence: High Court Asks Punjab Govt

The Punjab & Haryana High Court has asked the Punjab Government to provide a list of prisoners from Pakistan who are awaiting repatriation and languishing in jails despite being acquitted or having completed their sentences.

A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing suo moto cognizance of the matter of two Pakistani juveniles languishing in Juvenile Homes, who wrote to Justice N.S. Shekhawat, administrative judge of Faridkot Sessions Divisions stating that they are detained even after they were acquitted in April 2023.

The juveniles had claimed that their case for repatriation is pending before the Department of Directorate of Social Security and Woman and Child Development, Punjab.

Counsel appearing for the Punjab Government submitted today that all the formalities have been done from the State to repatriate the Juveniles and it is pending approval from the central government. "Whenever the central government will ask us to come we will take them to the land border for repatriation," the counsel added.

However, the Union government sought time to seek instructions on the matter.

The Court also issued notice on an intervening application filed by Advocate Nitin Mittoo, who stated that he has collected data according to which 55 prisoners, who are Pakistani nationals, have either completed their sentences or been acquitted from their respective cases but are still in jails in Punjab.

Previously, the Court had directed that "steps be taken to take process at its logical end at the earliest."

Background

In 2022, the two Pakistani citizens were booked under Section 3 of the Passport Act 1920 and Section 14 of the Foreigners Act 1946 in Punjab's Taran Taran for allegedly crossing the international border of India and Pakistan and have been confined in the Juvenile Observation home since then.

However, the Juvenile Board ruled that there was no fencing between one border pillar to another border pillar. "Chances of mistakenly entered into territory of India in foggy days, can also be not ruled out and it can also be not ruled out that due to non wiring or gate at the spot, juveniles...could not made out the difference of territory of two nations," it had observed while acquitting the duo.

The two juveniles wrote to Justice Shekhawat about their plight of being confined in the observation home despite acquittal in the trial, as their case for repatriation is pending.

The matter is now deferred to March 18, for further consideration.

Salil Sabhlok, Sr. Deputy Advocate General, Punjab.

Dheeraj Jain, Sr. Standing Counsel for Government of India.

Title: Court on its own motion v. State of Punjab and others