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The Punjab and Haryana High Court on Tuesday pulled up the Director (Foreigners) and Under Secretary (Foreigners), Ministry of Home Affairs, New Delhi for their casual approach regarding deportation of a Pakistani man who was sentenced to one year imprisonment by an Indian court in the year 2019.

The bench of Justice Arvind Singh Sangwan said, "Considering the fact that the petitioner, even if a foreign national, is overstaying in judicial custody for a period more than 02 years and 09 months, on the face of it, it is apparent that aforesaid two officers of Ministry of Home Affairs, New Delhi are taking this matter casually."

The order came on a plea moved by one Mohammad Asif, a Pakistani citizen who is currently lodged in Central Jail, Amritsar seeking issuance of a writ in the nature of habeas corpus for releasing him. 

Court directed both the MHA officers to file affidavits before the next date of hearing explaining the delay in taking the decision on the recommendation sent to them by the Superintendent of the Amritsar jail.

Court added, "failing which they are further directed to appear in person before this Court on 19.04.2022 at 10.00 a.m."

Asif was awarded rigorous imprisonment for one year by the trial Court in April 2019 under Sections 3/34/20 of Indian Passport Act, 1920 read with Section 14 of Foreigner Act, 1946, however, he was not released after 1 year and hence, he has already undergone total imprisonment for about 02 years and 09 months to date.

In an affidavit submitted by the Additional Superintendent, Central Jail, Amritsar it was stated that Asif's case for seeking permission regarding his deportation was recommended to the MHA in July 2019 and a reminder was also sent through the Additional Chief Secretary (Home), Department of Home Affairs and Justice (Passport Branch), Govt of Punjab in February 2021. 

It was further stated that in March 2022, another request letter was sent to the Director (Foreigners) and to the Under Secretary (Foreigners), MHA to take a decision on the recommendation but to date, no action is communicated.

The matter will be next heard on April 19, 2022.

Case Title: Mohammad Asif Vs. Union of India and others