Kotebalwal jail document,kashmir,Bilal Ahmad Wani, treasurer and comprising advocates Shabir Ahmad Bhat, Mudasar Gulzar and Tufail Qadri, left on November 13 from Srinagar to visit the detainees in Rajouri and Poonch. And the other teams left visited district jail Kathua, district jail Amphalla Jammu, Central Jail Kotbalwal Jammu, district jail Udhampur, sub jail Hira Nagar and district jail Kishtwar.Kotebalwal jail

Asgar Ali son of Charagdil resident Jandwala Bawalpora tehsil Mandi, Mandi Azman House No. Chak 7 Pakistan stated that he has been arrested in the year 2002 and his trial was going on and finally has been convicted under Foreigners Act, 3/6 Indian Passport Act. His period of conviction has expired and has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-1099-2013 dated 16.08.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 13 years.

Mohammad Sageer son of Saad Mohammad resident of Manatar district Kotely POK stated that he has been arrested in the year 2002 and his trial was going on and finally has been convicted under Foreigners Act, 3/6 Indian Passport Act. His period of conviction has expired and has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-1372-2013 dated 25.10.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 13 years.

Asif Khan son of Mohammad Sharif Khan resident of Chak Rawalakote POK stated that he has been arrested in the year 2002 and his trial was going on and finally has been convicted under Foreigners Act, 3/6 Indian Passport Act. His period of conviction has expired and has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-1294-2013 dated 01.10.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 13 years.

Ghulam Nabi Shah son of Fazal Din resident of Pulwal Sialkote Pakistan stated that he was initially arrested in the year 1995 at Jammu on 25.10.1995 in FIR No. 261/1991 and was also shown arrested in FIR No. 120/1991 police Station Pacca Danga under section 3 E.A.O. 14 Foreigners Act, 7/25 Indian Arms Act, 3/6 Indian Passport Act and finally charge sheet was filed against him on 12.11.1991 in FIR No. 261/1991 and he was acquitted in the offence under 3 E.A.O. Act, 14 Foreigners act, 3/6 IPA but was convicted under 7/25 I.A. Act on 17.09.2007 and was imprisoned for seven years and fine of Rs. 20,000/-, however, he has spent 12 years in the jail. He further stated that he was involved in FIR No. 12/1995 dated 26.01.1995 of Police Station Nawabagh Jammu and was shown to have been arrested in the said FIR on 26.01.1995 and this case was transferred to the CBI on 31.01.1995 under section 3/4 TADA (P) Act 87, 8/5 EA, 302, 307 34 RPC and the Chargesheet was filed by the CBI on 28.09.1995 before the Special Court and the special court acquitted him on the ground that he was acquitted by the Pr. Sessions Judge Jammu in FIR No. 261/1995 on 17.09.2007 and sentenced under 7/25 I.A. Act therefore, he cannot be tried twice for the same offence. He stated that he has not been deported back to his native country when he has completed the period of sentence i.e., 7 years and is languishing in the Kotebalwal Jail for the last 12 years. He stated that he has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-977/2013 dated 18.07.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail since then. He stated that he has filed HCP bearing no. 46/2012 before the Hon’ble high Court of J&K and the Hon’ble court vide order dated 03.07.2012 has directed the respondents to take necessary steps for deportation of the petitioner to his native country as per the law, preferably within three months from the date the copy of the order is served upon them. He stated that the order passed by the Hon’ble court was served upon the respondents but no steps have been taken by the respondents till date, but he has been subjected to the illegal detention by the Govt. by passing the order of detention under PSA.

Babar Naseem son of Hamid-ur-Rehman resident of Barmala Kund Timgah Swath Pakistan stated that he has been arrested in the year 2009 in FIR No. 18/2009 police station Lalpora under offence 7/25 I.A. Act, 2/3 E & IMCO Act. He has been acquitted in the said FIR by the court of PDJ Kupwara on 11.05.2012 and the Hon’ble court has directed the Govt. that he shall be sent back to his native country and the Govt. shall take necessary steps in this regard. But instead of sending him back to his native land he has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-699/2013 dated 23.05.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 04 years.

Mohammad Shafaqat shah son of Mohammad Liyaqat Shah resident of Sahiwal Punjab Pakistan; Mohammad Adnan Malik, S/o Mohammad Ashraf Malik resident of Sahiwal Punjab Pakistan stated that they have been arrested in the year 2009 in FIR No. 51/2009 police station Trehgam under offence 7/25 I.A. Act, 2/3 E & IMCO Act. They have been acquitted in the said FIR by the court of PDJ Kupwara on 11.05.2012 and the Hon’ble court has directed the Govt. that they shall be sent back to his native country and the Govt. shall take necessary steps in this regard. Against the said order acquittal appeal has been filed by the respondents which also came to be dismissed on 09.05.2013. But instead of sending them back to their native land they have been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to their native century are made whichever is earlier vide Govt. order no. Home/PB-V-1440/2013 dated 08.11.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 04 years.

Prepared by Mohammad Ashraf Bhat,
General Secretary J&K High Court
Bar Association Srinagar

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