HC Orders Deportation Of Pakistani

Srinagar—The Jammu and Kashmir High Court has directed government to take steps for deportation of a Pakistani national to his native country, preferably within a period of two months “positively”.

The native Akhtar-Ul-Islam Malik Teeli son of Mohammad Nazir Misri Malik Teeli of Purana Karole Baghbanpora, Gujjarpora Lahore, Pakistan, was arrested on 11 May 2007 by Police Station Vilgam in connection with cases, bearing FIR No.29/2007 for commission of offences punishable under Section 302, 307 RPC, 7/25 Arms Act and FIR No.32/2007 under Section 7/25 Arms Act, 2/3 E&IMCO Act.

After completion of investigation, he was charge sheeted for the commission of the offences before the court of Sessions Judge, Kupwara. He was acquitted by the Sessions Judge, Kupwara on 4 October 2011 of all charges. Against the judgment, the State filed Acquittal Appeal and the high court on 22 December last year dismissed the appeal filed by the State.

After his acquittal to regulate his stay in the State till his deportation to his native country, have resorted to the mechanism available under Public Safety Act, placing him under preventive detention on 11 October 2017 and lodged in Central Jail, Kotebalwal Jammu. The detention order has been confirmed by the Government Teeli had filed the petition, whereby he sought quashment of Detention Order with a direction to the government to deport him to his native country.

“Since the Cr. Acquittal Appeal has already been dismissed in the month of December, 2017, therefore, the (government) should not further delay the process of taking steps for deportation of the petitioner to his native country,” a bench o Justice Tashi Rabstan said and quashed the preventive detention orders. “Respondents are directed to take immediate steps for deportation of the petitioner to his native country, preferably within a period of two months positively,” the court added and also directed its registry’s to supply copy of the order to the Superintendent of Central Jail, Kotebalwal, Jammu.

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