HC orders deportation of Pak woman in jail since 2012 

Asif Iqbal
Srinagar, April 29: The Jammu and Kashmir high court on Friday directed government to make arrangements for deportation of a woman from Pakistan along with her minor daughter languishing in a jail in Jammu from nearly past four years.
A single bench of Justice Ali Mohammad Magrey passed the direction after hearing a contempt petition filed by the Pakistani resident, Rubeena who is presently lodged at Kotbhalwal Central jail along with her minor child through advocate Mir Shafaqat Hussain, alleging violation of order dated 12-5-2014.
The court had directed government Inspector General of Police CID to take steps for her deportation of the Rubeena within 4 weeks.
According the statement of facts filed by the state, she was arrested on 6-11-2012 and FIR booked under section 14 Foreigners Act by police Kanachak Jammu. She was later convicted and lodged under PSA in Kotbhalwal along with her minor child.
The government said that she was provided consular access with the officials of Pakistan high commission on 26-2-2013 at central jail Amritsar. However her nationality has not been confirmed by Pakistan high commissioner so far.
The government also stated that MHA is constantly pursuing the matter regarding the confirmation of her nationality through external affairs ministry and as soon as her nationality is confirmed by Pakistan high commissioner and travel documents issued to her, she will be repatriated back to her country of birth.
“Perusal of the statement of facts filed by the state reveals that the matter has been taken up with ministry of external affairs and ministry of home affairs. However they are asking for full particulars details with regard to the nationality of the petitioner. Further perusal thereof reveals that it is only of full particulars about the petitioner the case is stuck for final decision,” the court said.
Primarily, the court said IT is the responsibility of the state government to seek full details of the petitioner and to ensure her deportation along with the child as directed by the court on 12-05-2014. “But the respondent State has left it to the petitioner who is a lady without any human support and it is the counsel who has come forward to help the lady and prosecute this petition,” the court said, adding, “There should be no difficulty for the State respondents to ascertain the full particulars with reference to the nationality of the petitioner.”
Advocate Mir Shafaqat submitted that he filed an application, giving full details about the paternal relations of Rubeena. He furnished a copy to counsel for the respondents.
“The details given in the application are stated to have been obtained by (advocate Mir Shafaqat) from (Rubeena). Therefore, In view of the particulars furnished in the application, it would not be difficult for the respondents to confirm the nationality of the petitioner with Pakistan High Commission and in making arrangements for her deportation along her minor child to her native country,” the court said and directed the state government to file response in this regard within three weeks.