By News Agency of Kashmir
New Delhi : As a ray of hope for number of detenues languishing in Indian jails, A Division Bench of Supreme Court today directed Jammu and Kashmir government to sent fresh recommendations for deportation of nine detenues from Pakistan occupied Kashmir, within ten days.
A Division Bench of the Supreme Court of India comprising of JJ PN Aggarwal and P.P. Naolekar passed the historic order in a writ petition filed by Prof. Bhim Singh, Chairman of the State Legal Aid Committee and Supremo of the J&K National Panthers Party.
After haring the petitioner and counsel appearing for union of India, the apex court directed Jammu and Kashmir government to pass fresh orders recommending the deportation of the nine POK detenus within 10 days. The order, sources told News Agency of Kashmir, was passed after the Union government counsels denied that Indian government has received any such recommendation from the state in the past.
Prof. Bhim Singh forcefully argued that the Union of India was not honest in their statement as letters of deportation were sent a year back by the state government. The state government was asked to recommend the names of Muhamad Ashraf (Arif Chaudhary alias Kobra) son of Muhammad Ismail of Mangi, Chattargam, Muzaffarabad, Sofi Jamal Code Mushtaq s/o Buland Khan r/o Kail Athmuqam, Muzaffrabad, Shabir Ahmed Code Lakman s/o Haroon Khan Pathan r/o Laber Kote Mansara Soba Sarhad Pakistan, Sajjad Sajid Khan s/o Akbar Khan r/o Chak Rawalkot, Poonch, Qasim Mehmood Code Mohsin Khan, Toujeeb Mehmood r/o Chak No.72, N/P Rahimyar Khan, Punjab, Pakistan, Sajad Ali Jat Code Sajad Bhai s/o Bashir Ahmed Jat r/o Model Town Lahore, Pakistan, Muhammad Abdullah alias Abda Murad s/o Abdul Rehman R/o Mugalpora, Lahore, Pakistan, Tariq Abdullah Lohar alias Abu Samana s/o Wahab Lohar Karachi, Pakistan, Shahid Latief Code Chota Shahid s/o Abdul Latief r/o Muzaffarabad, Pakistan.
The Supreme Court made historic order ushering a new era in the legal jurisprudence by ordering the deportation of four more POK detenus Raza ul Haq Awan s/o Ahmed Din Awan r/o Lukman Road Wazirabad, Pakistan, Muhammad Usman Shekh alias Abu Samad s/o Azim Baksh Sheikh r/o Gadi Bagad Sadiqabad Rahimyar Khan, Pakistan, Muhammad Farooq Raja s/o Muhammad Sheir r/o Kotli, POK and Qudrat Ullah alias Masood, s/o Asmat Ullah, r/o Dera Ismail Khan, Pakistan, on the doctrine of acquittal if a detenues have outlived his maximum period of sentence as compared to his offence, sources told News Agency of Kashmir.
These four detenus have already spent 12 years or more in detention when the maximum sentence they would have earned in the offences, they were involved in, could not be more than two years. The Supreme Court accepted the argument of Prof. Bhim Singh on this proposition. The court directed the Union government to take final action in this regard by November 30, 2007.
In case of 36 detenus mentioned in the petition of Prof. Bhim Singh the Supreme Court fixed October 8, 2007 as the next date of hearing. The court directed Prof. Bhim Singh to prepare a chart giving details about the trial courts where these detenus were facing trial for appropriate orders. Prof. Bhim Singh also urged the court to give appropriate compensation to these prisoners against their illegal detention.
Three detenus whose detention was challenged were deported by the government namely, Javed Akhtar Abbasi Code Arslan s/o Hussain Akhtar r/o Beer Bagla, Rawalpindi, Pakistan, Muhammad Shaban Code Abu Ali s/o Muhammad Amir r/o Chaar Pir Molhipur Pull Khadar Nehar Muhammad Safainabad, Pakistan and Muhammad Syed Khan s/o Muhammad Sulta Khan (Sulaiman, r/o Bagh, POK.