Man languishing in jail over a decade as Pakistan refuses to accept him, HC asks Centre for solution

Convicted as a foreign national yet stranded in Dumdum jail despite completing his sentence, Yousuf’s fate now hinges on the Centre’s response to the High Court.

Kolkata: The Calcutta High Court has directed the Centre to give its opinion on what is to be done to a man convicted as a foreign national and languishing in jail for over a decade, as Pakistan is refusing to accept him as its citizen.

Petitioner P Yousuf, who is at present lodged in Dumdum Central Correctional Home, prayed for a direction by the court to the authorities to repatriate him to Pakistan.

Justice Amrita Sinha directed the lawyer representing the Union of India to obtain proper instructions on this matter as to the next course of action with regard to Yousuf.

"Whether the petitioner can be released or is he required to undergo further detention shall be specifically intimated by the authority," the court directed on Wednesday.

The court noted the precarious position of Yousuf, where he has been convicted here as a foreign national while Pakistan is refusing to accept him as its citizen.

The court directed that the matter will come up for hearing again on September 17.

His counsel submitted before the court that Yousuf, who was arrested in 2012 after illegally crossing into India from Bangladesh through the border in West Bengal's North 24 Parganas district, was convicted on a plea of guilt on April 4, 2013 and was sentenced to imprisonment for 650 days.

Despite having served his sentence long back, he has not been repatriated and continues to languish at Dumdum Central Jail here, the lawyer stated.

The West Bengal government's lawyer submitted before the court a report by the officer in charge, directorate of correctional services.

He stated that according to the report, Pakistan is not accepting Yousuf as its citizen. He had been given consular access and taken to the Pakistan High Commission in Delhi twice.

The state's lawyer said that while two co-accused men were accepted by Pakistan as its nationals, Yousuf was not accepted as its citizen by the neighbouring country.

He stated that the petitioner, following this, had claimed before another bench of the high court that he is an Indian citizen and had also annexed sale deeds of property in Kerala.

The West Bengal government's lawyer submitted before the court that a report by the Kerala government stated that Yousuf had studied till class 7 in a Kannur school and thereafter went to Pakistan along with his father Mir Mohammed.

The counsel representing the central government submitted that there is no doubt that Yousuf is a foreign national.

Justice Sinha told the Centre's counsel to take instructions from the government as to what is to be done with Yousuf.

The court granted leave to the petitioner to implead the Ministry of Home Affairs and Foreigners Regional Registration Office (FRRO) in the matter.