Sentence over but 48 foreign nationals still languish in Punjab jails

HC has asked the Punjab government to explain how 48 foreign nationals have been kept in custody in spite of their sentence having been completed.

The Punjab and Haryana high court has directed the Punjab government to explain how 48 foreign nationals have been kept in custody in spite of their sentence having been completed.

The Punjab and Haryana high court has directed the Punjab government to explain how 48 foreign nationals have been kept in custody in spite of their sentence having been completed. (HT File)

The court was hearing a suo motu public interest litigation (PIL) initiated in April after it had come to the fore that there is no system for imprisoned foreign nationals to get in touch with their family members.

“In such circumstances, we are of the considered opinion that a larger human rights issue arises which needs to be addressed by both the states of Punjab and Haryana to put in some policy/regulations to ensure that at least once in a month, foreign nationality convicts/under-trials are able to get in touch with their family members by way of phone-calls/video-calls which is to be arranged by the jail authorities,” it had observed while seeking details about those foreign nationals who are in jail in two states and Chandigarh.

As per court order, details shared by Punjab showed that in some cases, consular access had been provided way back in the year 2008 but the nationality status has not been verified.

Similarly, even where nationality has been verified, the persons, who are still in custody, have not been deported yet. There is a case where a person of Nigerian nationality has been acquitted but the appeal against acquittal is pending and the observation made is that he will be deported after the dismissal of the appeal, the court observed referring to the affidavit filed by the prisons department.

“In the said circumstances, the officer concerned is directed to be present in the court to explain the circumstances in which 48 people are being kept in custody, in spite of sentence having been completed,” the court said while deferring hearing for September 10.

Meanwhile, in its report, Chandigarh said that there are 18 foreign inmates lodged in Model Jail, Chandigarh, and none of them have completed their sentences. Now, the court has asked UT to file an affidavit clarifying how many of the foreign nationals, having completed sentences in the last five years, were deported and the procedure which was followed. Haryana is yet to file a report.