The Punjab and Haryana High Court recently asked the Centre to take steps for repatriation of 30 Pakistani nationals who have completed their sentences but are still confined at a transit camp in Central Jail, Amritsar.
The bench comprising Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing a suo moto case on delay in repatriation of two Pakistani Juveniles languishing in jails despite being acquitted in April 2023.
During the proceedings, the Punjab Government informed the Court that there are 30 Pakistani nationals who have completed their sentences but are still jailed as they can be repatriated only after grant of Consular Access and confirmation of nationality and issue of travel documents by the Pakistan government. Subsequently, the Court directed the Centre to take necessary steps as such for repatriation with the Pakistan Embassy.
The government further submitted that repatriation could not be performed because travel documents of the juveniles were not brought to ICP Attari Road, Amritsar by the Pakistan High Commission and, hence, there was deficiency of travel documents of the juveniles.
The High Court observed that the stand taken is baseless in as much as the duo was acquitted on finding that there was a possibility of their having entered into the territory of India mistakenly. Consecutively, the court directed AFRRO (Assistant Foreigners Regional Registration Officer), ICP Attari Road, Amritsar to be present on the next date of hearing, April 18. The court also added that if repatriation of two juveniles is done before the next date of hearing, the above said Officer need not come present.
The Pakistani duo booked under Section 3 of the Passport Act 1920 and Section 14 of the Foreigners Act 1946 in Punjab’s Taran Taran in 2022 for allegedly crossing the international border of India and Pakistan and have been confined in the Juvenile Observation home since then.
The Juvenile Board observed that there was no fencing between one border pillar to another border pillar. While acquitting the duo, it had maintained that chances of mistakenly entered into territory of India in foggy days, can also be not ruled out and it can also be not ruled out that due to non wiring or gate at the spot, juveniles could not made out the difference of territory of two nations.
The juveniles wrote to Justice Shekhawat about their plight of being confined in the observation home despite acquittal in the trial, as their case for repatriation is pending.
Taking suo moto cognizance of the matter, the Court asked the Punjab Government to take necessary steps. Nonetheless, it informed that the state is awaiting a response from the Centre and that Pakistani nationals will be taken to the road border for repatriation whenever the Centre directs after completing the formalities.