PHC orders release, deportation of Indian prisoner in one month

PESHAWAR: The Peshawar High Court (PHC) on Thursday ordered the federal government to release and deport an Indian prisoner after completion of all legal formalities within one month.

A division bench headed by Justice Roohul Amin Khan issued the direction after knowing that the jail term of the Indian national Hamid Nihal Ansari, would end on December 16.

“I wonder after two days the jail term of the prisoner would be over and the government has not completed requirements for releasing and deporting the prisoner,” Justice Roohul Amin Khan remarked after the additional attorney general, representing federal government informed the court that documents for release and deportation of the prisoner were not prepared.

Counsel for the Indian prisoner, Qazi Muhammad Anwar, submitted before the bench that as per the record and military court decision, his three years conviction would complete on December 16.

However, he informed the bench that the Indian national would complete his sentence after two days but both the Ministry of Interior and authorities of the Central Prison Mardan are silent about the release of the prisoner and his deportation to India.

After hearing this, Justice Roohul Amin asked the additional attorney general to explain to the court as to how they could keep the Indian prisoner in the prison after he completes his jail term.

He questioned what the Ministry of Interior had been doing to date which was now seeking time for preparation of documents for the prisoner’s deportation to his country.

However, the Law officer, representing Ministry of Interior informed the court that as per the agreement between both countries, a prisoner could be kept for one month for preparation of the legal documents for deportation.

After knowing the legal position about over-stay of prisoners till one month even after completion of the sentence, the court directed the Ministry of Interior to make all the arrangements within a month for releasing and deporting the Indian prisoner.

The court directed the Ministry of Interior to submit its report on release and deportation of the Indian prisoner within 14 days and fixed January 16 for the next hearing into the case.

Hamid Nihal Ansari a teacher at the Mumbai Management College, had entered Pakistan on Nov 12, 2012, with a fake identity card sent to him by his Facebook friends from Karak and stayed with them in their area for two days. He was taken into custody from a Kohat hotel two days later.

Meanwhile, the Peshawar High Court (PHC) on Thursday set aside life imprisonment in a murder case.

A two-member bench comprising Chief Justice Waqar Ahmad Seth and Justice Ishtiaq Ibrahim set aside the life imprisonment to Ihtesham Zada in the murder case.

The court allowed the appeal against the conviction after hearing arguments and overturned the conviction by a trial court.

The counsel for the appellant, Sahibzada Asadullah Khan, submitted before the bench that the District and Sessions Judge of Swabi had awarded life imprisonment to Ihtesham Zada for murdering Hamid Ali.

He argued that there was no eye-witness to the murder as the convict was charged later in the murder case.

The counsel said the appellant had confessed to the crime before a magistrate after remaining in police custody and undergoing torture. He prayed the court to acquit the appellant from the murder charge.