Court Directs J&K Govt to Deport Pak Lady, Her Child Within 3 Weeks



J&K High Court Srinagar.
J&K High Court Srinagar

Arrested four years ago, a woman and her child from Pakistan are languishing in Kotbalwal jail in Jammu.

Last week, the Jammu and Kashmir High Court asked the J&K government to take steps for deportation the duo to their native country.

The court has given three weeks’ time to the government. It has been asked to confirm her nationality with Pakistan High Commission based in New Delhi.

A government statement filed in the court revealed that Rubina, a Pakistani national, was arrested on 6-11-2012 and booked in an FIR under section 14 of Foreigners’ Act by police at Kanachak Jammu.  Convicted, she was lodged under PSA at Kotbalwal along with her minor child.

Hearing the arguments from her lawyer, Mir Shafqat Hussain, a bench of Justice Ali Muhammad Magrey ordered deportation of Rubina and her minor child within three weeks.

The petitioner had detailed about her paternal relations in the court. “Therefore, In view of the particulars furnished in the application (of the petitioner), it would not be difficult for the respondents to confirm the nationality of the petitioner with Pakistan High Commission and in making arrangements for her deportation along her minor child to her native country,” the bench observed.

Notably, a year has passed since the court has directed the state government bout her deportation but nothing was done. In an order dated 15-4-2015, the counsel for the petitioner stated that she is presently lodged at Kotbalwal Central jail along with her minor child in violation of the court order.

However, state government has stated that Rubina was provided consular access with the officials of Pakistan High Commission on 26-2-2013 at central jail Amritsar, Pakistan High Commissioner, but “it did not confirm her nationality so far”.

The statement of facts filed by the state revealed that the matter has been taken up with Ministry of External Affairs and Ministry of Home Affairs, it, however, added: “They are asking for full particulars details about the petitioner and it is only because of full particulars the case is stuck for final decision.”

“Primarily, it is the responsibility of the state government to seek full details of the petitioner and to ensure deportation/push back of the petitioner along with her child as directed by this court in terms of order dated 12-05-2014 while disposing of the Habeas Corpus Petition,” the court said.

“But the state government,” it said, “has left it to the petitioner who is a lady without any human support.” “It is the counsel of the petitioner who has come forward to help the lady and prosecute this petition,” the court added. “There should be no difficulty for the State respondents to ascertain the full particulars with reference to the nationality of the petitioner,” it further said.

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