Disapproving the Centre’s lax approach in deporting foreign nationals lodged in Indian jails even after serving the sentence for the offences they were convicted, the Supreme Court on Tuesday directed repatriation within a month of all such Pakistan nationals whose identity has been well established.
“We disapprove the offhand and ad hoc manner in which the whole exercise is done by the Government of India, particularly concerning foreign nationals who have served out their sentence awarded to them by following the due procedure established by law in our country,” a bench of Justices R.M. Lodha and H.L. Gokhale in an order said.
The top court reminded the government about its May 2008 agreement with Pakistan about the exchange of prisoners, particularly its Clause 4, which provides that both the countries have to deport all those prisoners who had completed their sentence. “But they are yet to be repatriated.”
“We are constrained to observe that Union of India had failed to see the concern and urgency called for in the release of foreign nationals. The matter has been lingering on regarding their repatriation for long,” the top court said while seeking a compliance report by February 28.
The MHA was also directed to submit status report regarding the deportation of some Iranian, Afghan and Bangladesh nationals who also had completed their sentence but their repatriation withheld for quite sometime.
In a strongly worded order, the top court also reminded the government, particularly the MHA about its obligations under Article 21 of the Constitution to protect the right of even a foreign national proceeded as per the law of the country and if he has served the sentence for any offence, “dispatch” him to his country at the first instance.
The bench pointed out that nothing had moved on the government front on its own initiative and whatever progress was made regarding deporting the foreign nationals lodged in jail even after serving the sentence, it was achieved under the SC orders.