Chandigarh, April 6
Taking note of the prolonged stay of a Pakistani national in police custody for almost three years after serving his one-year sentence, the High Court of Punjab and Haryana today affirmed that the director ( Foreigners) and the Under Secretary (Foreigners) of the Union Ministry of Home Affairs were apparently taking the matter lightly.
“Both officers are required to file affidavits prior to the next court date, failing which they are further required to appear in person before this court to explain the delay in making the decision on the recommendation sent by the Superintendent of Amritsar Central Jail,” said High Court Judge Arvind Singh Sangwan.
Judge Sangwan’s instructions came on the habeas corpus petition filed by Pakistani national Mohammad Asif against the Union of India and other defendants for his release. The bench was told that the petitioner was sentenced to rigorous imprisonment for one year by the Magistrates Court in April 2019 in an FIR registered in May 2018 under the Indian Passports Act and the Indian Passports Act. strangers.
His lawyer added that the applicant had already served a total prison sentence of approximately two years and nine months, consecutive to the one-year prison sentence imposed by the court of first instance.
Referring to an affidavit filed by Amritsar Central Jail, Additional Superintendent, Judge Sangwan said the petitioner’s case was recommended for deportation in a letter dated July 18, 2019. Again, a reminder was was sent through the Additional Chief Secretary (Interior), Punjab Home Affairs Department. and Justice (Passport Directorate), see letter dated February 3, 2021, for “necessary additional measures”.
Another letter of request dated March 29 was sent to the Director (Foreigners) and Under-Secretary (Foreigners) regarding the decision taken on the Applicant’s deportation. But the measures taken have not yet been communicated.
The case will be heard the third week of April.