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Acquitted 10 months ago, two Pakistani teens still await release
As per information, on September 1, 2022, Tarn Taran police had arrested two juveniles, Abbas and Hassan, both residents of Lahore in Pakistan, near the Indo-Pak border in Tarn Taran. Both the Pakistan juveniles were 15 years old when Punjab police arrested them. The duo was booked under Section 3 of the Passport Act 1920 and Section 14 of the Foreigners Act 1946 for allegedly crossing the international border and confined in the juvenile observation home since then.
More than ten months after the juvenile justice board acquitted two Pakistani juveniles, who had crossed the border ‘accidentally’, the duo are still lodged in Faridkot juvenile observation home, awaiting release and a possible return to their country.
As per information, on September 1, 2022, Tarn Taran police had arrested two juveniles, Abbas and Hassan, both residents of Lahore in Pakistan, near the Indo-Pak border in Tarn Taran. Both the Pakistan juveniles were 15 years old when Punjab police arrested them. The duo was booked under Section 3 of the Passport Act 1920 and Section 14 of the Foreigners Act 1946 for allegedly crossing the international border and confined in the juvenile observation home since then.
In April 2023, the juvenile justice board acquitted them ruling that there was no fencing at the border thus increasing the chances of someone crossing the border inadvertently.
“Chances of mistakenly entering into the territory of India in foggy days, can also be not ruled out and it can also be not ruled out that due to non-wiring or gate at the spot, juveniles could not make out the difference of territory of two nations,” the board observed while acquitting the juveniles.
However, despite the acquittal, both the Pakistani juveniles are still confined in the juvenile observation home at Faridkot. Last month, on January 14, during the visit of Justice NS Shekhawat, who is the administrative judge of Faridkot Sessions Division, the juveniles are learnt to have apprised him about their plight. The duo informed the judge that despite acquittal they are still confined in the observation home and their repatriation case is pending before the directorate of social security, woman and child development, Punjab.
During his visit, Justice Shekhawat had inspected Faridkot jail and juvenile observation home. Justice Shekhawat had in turn informed the Punjab and Haryana high court acting chief justice regarding this. The high court, on Friday, took suo motu cognizance of the issue and asked the Punjab government to provide details of prisoners, languishing in jails despite acquittals. The matter has been listed for February 26.
An official of Faridkot Juvenile Observation Home, on condition of anonymity, said: “After the duo was acquitted by the juvenile justice board, in April 2023, Faridkot observation home had forwarded their case to the directorate of social welfare, woman and child development to initiate their repatriation process.”
“Later the directorate had forwarded a request to the home department for the release of Pakistani teens which is still pending,” the official added.
Faridkot deputy commissioner Vineet Kumar said: “I am not aware of the present status of their case but we have not received any directions so far. The home department takes calls on these issues.”
HC takes suo motu note, asks govt to provide details
The order was passed while taking suo motu note after a case of two juveniles from Pakistan came to light during the visit of a high court judge.
Acting on the report from justice NS Shekhawat, the administrative judge of the Faridkot sessions division, the acting chief justice Ritu Bahri and justice Nidhi Gupta sought a report from the Punjab government by February 26. Detailed order of the proceedings, which took place on Friday, is yet to be made available.
When the matter was taken up on the judicial side on Friday, the Punjab’s counsel had apprised the court that correspondence had already been made with the Union ministry of home affairs and sought time to apprise the court of more details.
