Deport Pakistani national to his country in 2 months, HC tells govt

Akhtar Ul Islam Malik Teeli Was Arrested In 2011, Booked Under PSA In September Last Year

D A RASHID
Srinagar, Publish Date: May 16 2018 12:36AM | Updated Date: May 16 2018 12:36AM
Deport Pakistani national to his country in 2 months, HC tells govt

The High Court has directed the government to take steps for deporting a Pakistani national, Akhtar ul Islam Malik Teeli, to his native country. Teeli was acquitted of all charges by principal sessions court Kupwara in 2011. 

A resident of Purana Karole Baghbanpora Lahore, Teeli was “arrested by Vilgam Police station on May 11, 2007 for commission of offences punishable under RPC, 7/25 Arms Act as well as E& EMICO Act after two separate FIRs were registered against him.” 

After police charge-sheeted Teeli in the Principal Sessions Court Kupwara, the court acquitted him of his charges on October 4, 2011. Against the judgment of the Sessions court, the state filed acquittal appeal before the High Court which was dismissed on December 22, 2017.

To regulate the stay of Teeli in the state till his deportation to his native country, the government had booked him under relevant sections of PSA on September 11, 2017. He was lodged in Central Jail Kote Bhwalwal Jammu. 

Teeli challenged the detention order under PSA before High Court though his counsel Mir Shafqat Hussain. Shafaqat contended that Akhtar inevitably required to be deported to his native country as the acquittal appeal by the state against the order of Sessions Court Kupwara was dismissed and the detention order has outlived its life. 

After quashing a detention order under Public Safety Act against Teeli, a bench of Justice Tashi Rabstan directed the government to deport him to Pakistan within two months. The direction came after the court observed that the acquittal appeal against Islam has been dismissed by the court and his detention order has outlived its life. 

In its reply affidavit, the J&K’s CID had informed the state Home Department that Teeli was no more required in any case and had requested the Home department authorities to take up the matter with Union Ministry of Home Affairs as well as Ministry of External Affairs for the detainee’s deportation to his native country.

The court observed that a communication dated 26-03- 2018 addressed by undersecretary to Ministry of Home affairs GOI to the state Principal Secretary Home department reveals that pendency of a acquittal appeal by the state is the only ground for not processing deportation to his native country. The communication was produced by Assistant Solicitor General of India. 

While the court observed that the reply affidavit filed by IGP CID reveals that the acquittal appeal has been dismissed by the High Court, it said SSP Headquarters CID J&K in its reply affidavit has informed the court that only for the purpose of regulating Teeli’s stay in the state, he was booked under PSA.

“Since the Criminal Acquittal appeal has already been dismissed in the month of December, 2017, therefore the respondents should not further delay the process of taking steps for deportation of the petitioner to his native country,” the court said, directing the government to deport Teeli to his native country within two months.

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