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Deport PaK detainees: Supreme Court

Srinagar, September 28, 2007:

A division bench of the Supreme Court of India has asked the government of Indian administered Kashmir to make fresh recommendations to New Delhi for deportation of nine detainees of Pakistan administered Kashmir within 10 days, after New Delhi denied having received any such recommendations from the Kashmir government.

On a writ petition filed by the chairman of the State Legal Aid Committee, Bhim Singh, related to PaK nationals languishing in Indian jails, the division bench comprising of Justice P N Aggarwal and P P Naolekar the Court also ordered deportation of four more detainees from PaK and asked New Delhi to act on the recommendation by November 30.

Singh argued that the Union of India was not honest in their statement as letters of deportation were sent a year ago by the State government.

The Jammu and Kashmir government was asked to recommend the deportation of Mohammad Ashraf (Arif Chaudhary alias Kobra), son of Mohammad Ismail of Mangi, Chattargam, Muzaffarabad (PaK); Sofi Jamal alias Mushtaq, son ofBuland Khan, of Kail Athmuqam, Muzaffrabad; Shabir Ahmed alias Lakman, son of Haroon Khan Pathan, of Laber Kote Mansara Soba Sarhad, Sajjad Sajid Khan, son ofAkbar Khan, of Chak Rawalkot, Poonch, PaK; Qasim Mehmood alias Mohsin Khan, son of Toujeeb Mehmood of Chak No. 72, N/P Rahimyar Khan, Punjab, Pakistan; Sajad Ali Jat alias Sajad Bhai, son ofBashir Ahmed Jat of Model Town Lahore, Pakistan; Mohd. Abdullah alias Abda Murad, son of Abdul Rehman of Mugalpora, Lahore, Pakistan, Tariq Abdullah Lohar alias Abu Samana, son of Wahab Lohar, Karachi, Pakistan; Shahid Latief alias Chota Shahid, son of Abdul Latief of Muzaffarabad, Pakistan.

The Court also ordered the deportation of four more Pakistan and PaK detainees who have already spent over 12 years in detention.

They are Raza ul Haq Awan, son of Ahmed Din Awan of Lukman Road Wazirabad, Pakistan; Mohammad Usman Sheikh alias Abu Samad, son of Azim Baksh Sheikh of Gadi Bagad Sadiqabad Rahimyar Khan, Pakistan; Mohammed Farooq Raja, son of Mohammad Sheir, of Kotli, PaK; and Qudrat Ullah alias Masood, son of Asmat Ullah of Dera Ismail Khan, Pakistan.

The Court accepted petitionerís argument that the four detainees had spent 12 years or more in detention when the maximum sentence for their offences could not be more than two years.

The court directed the Union government to take final action in this regard by 30 of November, 2007.

In case of 36 detainees mentioned in the petition the Bench fixed October 8, as the next date of hearing.

They directed Singh to prepare a chart giving details about the trial courts where these detainees were facing trial.

Singh also urged the court to give appropriate compensation to these prisoners against their illegal detention.

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