Union Govt 'Dragging Feet' Over Issue Of Repatriating Pakistani Prisoners In Custody Despite Completion Of Sentence: Punjab & Haryana HC

The Punjab & Haryana High Court has observed that the Union Government is "still dragging its feet over the sensitive issue of repatriating" the Pakistani prisoners who are in custody despite completion of their sentences. The Court also warned the central government to impose an exemplary cost on it if the action is not taken by the next hearing. 

The Court was informed that the repatriation of 6 Pakistani civil prisoners out of 30, is likely to take place on July 26 and regarding the remaining 24 prisoners, the same is under active consideration of the Ministry and all the stakeholders.

Justice GS Sandhawalia and Justice Vikas Bahl said, "It is apparent that Union of India is still dragging its feet over the sensitive issue of repatriating the persons who are continuing to stay in custody despite the sentences having been completed."

"Accordingly, in case, needful is not done, exemplary costs will be imposed on the Union of India on the next date of hearing", the bench added.

Background 

The development came after two juveniles from Pakistan languishing in Juvenile Homes submitted before Justice N.S. Shekhawat, who is also an administrative judge of Faridkot Sessions Divisions that they were detained even after they were acquitted in April 2023 and their case for repatriation is pending before the Department of Directorate of Social Security and Woman and Child Development, Punjab.

In 2022, 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 the 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.

Considering the submissions the matter was referred to the Acting Chief Justice for appropriate orders.

In a previous hearing, the Punjab Government submitted that the two juveniles had been repatriated to Pakistan. However, another Pakistani juvenile was found to be in custody despite acquittal. 

In the present hearing, ASG Satyapal Jain informed the Court that regarding the "3rd juvenile prisoner namely Ali also, counsellor access has been provided as efforts are being made."

The matter is listed for September 10, for further consideration.

Mr. Avnish Mittal, Addl. Advocate General, Punjab.

Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Dheeraj Jain, Sr. Panel Counsel

for Union of India.

COURT ON ITS OWN MOTION v. STATE OF PUNJAB AND OTHERS

Click here to read/download the order