SC for 'in-built' mechanism to deport jailed foreigners

The Supreme Court on Thursday said an in-built mechanism should be put in place to deport foreign nationals languishing in Indian jails despite serving their sentences.

A bench of justices R M Lodha and H L Gokhale questioned the justification for continuing to imprison such persons while reminding the Centre and the states  that speedy investigation was a sine quo non under the Indian Constitution.

The court was hearing a writ petition seeking direction to repatriate the foreign nationals lodged in jails here despite completing their respective terms.

“It should not be an unending exercise. There must be an in-built mechanism under which, in a time-bound manner, the foreign nationals are repatriated after completing their sentence,” the bench observed.

The court, while going through a list of 16 such prisoners, was surprised after the petitioner, senior advocate Bhim Singh, referred to the case of two Pakistani prisoners, Jameel Ahmed and Abdul Majid. Fve years after their arrest, the Jammu & Kashmir police are still investigating into the charges levelled against them.

The court examined the 16 cases individually and issued separate directions after recording response from Additional Solicitor General P P Malhotra, appearing for  the Ministry of External Affairs.

“Investigation cannot be at snail’s pace. Why should such matter reach us,” the court said, while dealing with the case of Ahmed and Majid.

The court, in separate orders, directed the Jammu and Kashmir government to file an affidavit explaining the delay in investigation and the Centre to file affidavit with regard to fate of other prisoners.