Take Steps For Repatriation Of Pakistani Nationals Jailed Despite Completing Sentence: Punjab & Haryana High Court To Centre

The Punjab and Haryana High Court has called upon the Central Government to take steps for repatriation of 30 Pakistani nationals who have completed their sentences but are still confined at transit camp in Central Jail, Amritsar.

The bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji were dealing with a suo moto case on delay in repatriation of two Pakistani Juveniles languishing in jails despite being acquitted in April 2023.

During the hearing, the Punjab Government informed the Court that there are 30 Pakistani Nationals who have completed their sentences but are still jailed as they can be repatriated only after grant of Consular Access and confirmation of nationality and issue of travel documents by the Government of Pakistan.

Court thus directed the Union to "take necessary steps as such for repatriation with the Pakistan Embassy." 

So far as the two acquitted detainees are concerned, government submitted that repatriation could not be performed because travel documents of the juveniles were not brought to ICP Attari Road, Amritsar by Pakistan High Commission and, therefore, there was deficiency of travel documents of the juveniles.

Court said the stand taken is "baseless" inasmuch as the duo was acquitted on finding that there was a possibility of their having entered into the territory of India mistakenly. Court thus directed AFRRO (Assistant Foreigners Regional Registration Officer), ICP Attari Road, Amritsar to be present on the next date of hearing, April 18.

However, it added that if repatriation of two juveniles is done before the next date of hearing, the above said Officer need not come present.

The duo was booked under Section 3 of the Passport Act 1920 and Section 14 of the Foreigners Act 1946 in Punjab's Taran Taran in 2022 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 Court took suo moto cognizance of the matter and asked the Punjab Government to take necessary steps. However, it informed that the State is awaiting a response from the Centre and that Pakistani nationals will be taken to the road border for repatriation whenever the Centre directs after completing the formalities.

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

Ravi Mattoo, Advocate in CM Nos.3820-CWP-2024 and 3822-CWP-2024.

Salil Sabhlok, Sr. DAG, Punjab.

Sahil Garg, Advocate for

Dheeraj Jain, Sr. Panel Counsel, For the respondent-Union of India.

Click here to read/download the order