Excelsior Correspondent
Srinagar, Aug 22: High Court today dismissed the appeal of Government seeking maximum period of punishment to one Saqib Aziz Malik of Multan Pakistan and directed the authorities to deport him in accordance with law.
Justice MH Attar directed the authorities to take immediate steps for deportation of the respondent (Malik) who is presently lodged in Hira Nagar jail in accordance with law. Court also granted liberty to Malik for seeking compensation from the authorities for keeping him behind the bars after spending more time in jail against the Foreigners Act.
Malik was arrested by Army personnel in the year 2006 while crossing the border and was put in the jail. The trial court on May 2012 held him guilty for commission of offence u/s 14 of Foreigners Act and accordingly convicted him.
“The period of detention already undergone by the convict till date, shall be set off against the term of imprisonment so imposed. The Government is further directed to take steps for regulating his presence after expiry of period of sentence in case by that time convict is not repatriated back to his native country on expiry of period of sentence”, trial court had said in its judgment.
Since Malik had already spent the punishment u/s 14 of Foreigners Act when the judgment of trial court came as such he was supposed to be deported to his native country as the trial court had also observed in its judgment.
Counsel for the appellant submitted that maximum period of punishment provided u/s 14 of the Foreigners Act is 5 years. He also submitted that at the time the appeal was filed, the respondent has already completed 5 years of imprisonment. He further submitted that the matter has been taken up with the Law Department and Home Department for taking steps followed by deportation of the respondent – a foreigner.
He further submitted that this appeal be disposed of. The trial court had convicted and sentenced the respondent to undergo 4 years of imprisonment for having committed offence u/s 14 of Foreigners Act. This appeal is filed for enhancement of the punishment. In the admitted fact situation of this case, the respondent has remained in custody of the appellant for more than 5 years.
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