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January 15, 2012

Confusion over nationality

HC raps Centre, state for not releasing foreigner
afer jail sentence is over

Chandigarh, January 14
Sayad Rasool is behind bars even after the completion of his jail sentence. The foreign national continues to be in Amritsar Jail because neither the Centre nor the State of Punjab really knows whether he is from Pakistan or Afghanistan.

The failure of the powers to establish his nationality has now invited the Punjab and Haryana High Court's ire. The Punjab Home Secretary is virtually in the dock over the issue.
Rapping both the Centre and the State of Punjab on its knuckles, Justice Ranjit Singh asserted: "I am unable to understand how this simple issue is pending resolution by the State. How can the identity of a person be unknown to the jail or the state authorities once he has faced trial and is convicted…."
"In my view, whether the detainee belongs to Pakistan or Afghanistan would hardly make a difference. Once he has undergone the sentence imposed on him, action has to be taken to deport him."
"For that, it may have to be seen whether he has to be deported to Pakistan or Afghanistan. But, this aspect was required to be ascertained by all the authorities concerned, once he was about to complete the sentence imposed on him…."
"Requisite efforts have neither been made by the Union of India, nor the State of Punjab, to see to an end the agony of this person, which is revealing a serious violation of human rights," the court said.
"A simple approach by either the Union of India, or the State of Punjab to contact the embassies of Afghanistan and Pakistan would have led to some solution. It appears that both the governments are palming of their respective responsibilities to each other and have not taken appropriate action in the matter".
Before parting with the order, Justice Ranjit Singh asserted: "Let the Home Secretary of the State of Punjab and a representative of the Government of India remain present before this Court on the next date of hearing".
The petition seeking Rasool's release has been filed by the World Human Rights Council through its chairman Ranjan Lakhanpal. Rasool was arrested at Gherinda under Amritsar police district and a FIR under the provisions of the Foreigners' Act and the Indian Passport Act was registered against him on April 26, 2009.

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