The Hindu : National : Deport 4 Pakistani prisoners: court

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Saturday, Sep 29, 2007
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Deport 4 Pakistani prisoners: court

Legal Correspondent

New Delhi: The Supreme Court on Friday directed the Centre to deport four Pakistanis languishing in the jails of Jammu and Kashmir and Punjab for over a decade even after completion of their sentence.

A Bench, comprising Justices B.N. Agrawal and P.P. Naolekar, passed the order on a petition by the State Legal Aid Committee, through its Chairman Bhim Singh, seeking release of 52 detenus overstaying in jails even after completion of their sentence.

The Bench asked the Jammu and Kashmir Government to recommend the deportation of the four prisoners by October 31, to facilitate the Centre to carry out the necessary formalities for deporting them by November 30.

The Bench gave the direction after taking into consideration the reports submitted by the Centre and the State government on the sentence undergone by the prisoners. Orders regarding other prisoners would be given later.

The petitioner submitted that most of the 52 detenus were under continuous detention for over 12 years. They had completed the period of their sentences passed by TADA courts in Jammu and Kashmir.

Every person, whether a citizen or non-citizen of India, was protected under the provisions of Article 21 (right to life and liberty) of the Constitution.

Further, no person could be detained for more than two years under the Jammu and Kashmir Public Safety Act, 1978.

While so, the continuous detention was against the law and the Constitution as well as a violation of the human rights, the petitioner said.

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