The Delhi high court on Tuesday issued a notice to the city government on a plea by a Pakistani national, who is in Tihar jail for more than 17 years after being convicted for planning a terror act, that he be deported back on "sympathetic" grounds.
Justice Mukta Gupta took note of the petition filed by Khalid Mehmood, a resident of Lahore, and asked Delhi government to respond by September 5.
The petition, filed through advocate Vivek Sood, said Mehmood was convicted under the provisions of the Terrorist and Disruptive Activities Act (TADA) by the lower court in 1996 for planning terrorist acts and possession of firearms.
“The petitioner has undergone actual imprisonment for over 17 years and 20 years with remission and so he deserves to be sympathetically considered for premature release from jail under the sentencing guidelines ...passed by the Lt Governor of the Delhi,” the petition said.
According to the guidelines, certain convicts are eligible to be considered for pre-mature release after having served a sentence of 14 years, it said, adding the Pakistani national was convicted for planning the terror act but in fact he did not take part in any such incident.
Citing “unblemished” records of the convict in jail, it said “recently Gopal Das, an Indian prisoner who was languishing in a Pakistan jail, was released and deported back. Similarly, the petitioner craves for sympathy and release from jail and deportation to Pakistan, having completed 17 years of actual imprisonment.”
It also said he was studying in Class XI at the time of arrest on February 17, 1994 from Gokalpuri here.