NEW DELHI, Oct 3 (APP): The Supreme Court of India on Wednesday asked the Indian Government to explain “under what statute certain Pakistanis, whose deportation has been recommended by the Jammu and Kashmir Government, continued to languish in prisons.”
A bench of Justices A K Mathur and Markandeya Katju, directed the Additional Solicitor General Amarender Saran to explain the Government’s position within four weeks.
The apex court said the Article 21 of the Constitution not only guarantees life and liberty to a citizen but also foreign nationals.
The bench passed the direction while ordering the deportation of three foreign nationals -Muhammed Umar, (Kotli), Zamir Ahmed Khan (Gujaranwala) and Abdul Qadeer (Tajikstan), who were languishing in various jails of India for the past several years after being detained under the Jammu and Kashmir Public Safety Act.
The apex court had ordered deportation of four Pakistani nationals on September 28, who are languishing in the jails of occupied Kashmir and Indian Punjab for over ten years without being produced before any court.
A bench of Justices B N Aggrawal and P P Naolekar while quashing the proceedings against them directed the Centre to deport them by November 31 and file a compliance affidavit before the court.
The court also asked the government of occupied Kashmir to recommend the deportation of the prisoners by October 31, to facilitate the Indian government to carry out the necessary formalities for deporting them to Pakistan by the deadline fixed.