On Tuesday (5th March): The Calcutta High Court has issued an order for the release of a Pakistani national who was detained even after completing his prison sentence. Despite serving his term, the individual remained in custody due to Pakistan’s refusal to acknowledge his citizenship.
KOLKATA: On Tuesday (5th March): The Calcutta High Court directed the release of a Pakistani national who had been detained despite completing his three-year prison term. The court’s decision emphasized the principles of equality and personal liberty enshrined in the Indian Constitution.
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Justice Sabyasachi Bhattacharyya, presiding over the case, emphasized the fundamental rights guaranteed to all individuals, including foreign nationals, under Articles 14 and 21. He asserted that the petitioner’s continued detention post-sentence expiration violated his right to dignity, a cornerstone of civilized society.
“As such, the petitioner, having completed his sentence, cannot be retained in further custody, in any prison cell, of whatever colour, texture or dimension. 22. The petitioner no. 2 (Pakistani national) is entitled to live a life of dignity. A person denuded of dignity leads a life worse than a human being and may be a little better than an animal, which is not expected of any civilized society,” the Court said.
Background
The petitioner, a 47-year-old Pakistani national, had arrived in India legally in 2001 and married an Indian woman. However, he was convicted in 2019 for overstaying his visa and subsequently sentenced to three years in prison. Despite completing his term in 2022, he remained incarcerated as Pakistan disclaimed his citizenship.
Even Ajmal Kasab’s rights were sought to be protected, the Court added.
“See (Ajmal) Kasab’s case, (he was given) most protection in India. All human rights groups will come for those people but not for these non-elite people. They will never be on the newspapers,” the judge remarked.
The court’s decision comes after the petitioner filed a plea seeking release to reunite with his family, challenging the government’s order for prolonged detention. The central government argued that the petitioner’s release would set a precedent for convicted foreign nationals to evade deportation.
In its verdict, the court directed the petitioner’s release with specified conditions, including restrictions on his movement and regular reporting to authorities.
