'48 Foreign Nationals Languishing In Punjab Jails Despite Completing Sentence': HC Summons Govt Officer To Explain Circumstances Behind Custody

The Punjab & Haryana High Court has summoned Punjab Government officer to explain the circumstances in which 48 foreign nationals are kept in custody despite completion of sentences.

Justice GS Sandhawalia and Justice Vikas Bahl while perusing the affidavit submitted by Punjab Government noted, "perusal of the list would show that in some cases, consular access had been provided way back in the year 2008 but the nationality status has not been verified. Similarly, even where nationality has been verified, the persons who are still in custody have not been deported yet."

There is a case where a person of Nigerian nationality apparently has been acquitted but the appeal against acquittal is pending and the observation made in the column of remarks is that he will be deported after the dismissal of the appeal, the Court noted further.

The division bench said, in the said circumstances, the officer concerned is directed to be present in the Court to explain the circumstances in which 48 people are being kept in custody, in spite of sentence having been completed.

Perusing the affidavit submitted by UT Chandigarh, the bench noted, "there are 18 foreign inmates lodged in Model Jail, Chandigarh and there are no foreign inmates who have completed their sentences and are still behind the bars."

Consequently, it directed UT to file an affidavit "clarifying how many of the foreign nationals, having completed sentence in the last five years, were duly deported and the procedure which was followed, as apparently the State of Punjab has to follow the said example."

The Court was hearing suo moto cognisance taken on plight of foreign nationals languishing in jails in Punjab, Haryana and UT Chandigarh. In the present proceeding, the bench also impleaded Union of India through Secretary to External Affairs Ministry, as respondent.

In another suo moto Cognizance taken by the High Court, it has directed union government to deport Pakistani nationals languishing in jails despite completion of sentence otherwise an exemplary cost will be imposed.

Mr. Deepak Balyan, Addl. A.G. Haryana. Mr. Avnish Mittal, Addl. A.G. Punjab.

Ms. Aashna Gill, Junior Panel Counsel for UT, Chandigarh

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 HARYANA AND UT CHANDIGARH

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