Published On: October 27, 2021 at 11:00 IST
The Kerala High Court rejected a Criminal case filed against two Pakistani nationals under the Foreigners Act and directed the Police to furnish clearance certificates for their return to Pakistan.
Order was issued in response to a Plea submitted by Imran Muhammed and Ali Asghar, who were in Kochi for the former’s medical treatment.
Justice K. Haripal issued the instruction, where he stated that when foreign nationals were engaged, responsible officials should exercise greater caution and prudence. It was necessary to make an exception to the rule of recording a crime at the drop of a hat.
There was no justification given for pursuing criminal charges against the Petitioners, who had arrived in India with legitimate travel passports. He noted that the Special Branch was informed of their arrival and that officials were keeping an eye on them.
“Here, absolutely no reason is made out for initiating criminal Prosecution against the Petitioners who had reached India with valid travel documents; their arrival was duly intimated to the Special Branch and Special Branch officials were monitoring them,” observed Justice K Haripal.
The Petitioners stated that they planned to fly out of Chennai after the therapy. When they arrived in Chennai, however, they were denied permission to leave due to a lack of a Police Clearance Certificate.
The Petitioners then returned to Kochi in search of a certificate. They were not given one, and the Police informed them that a case had been filed against them under the Foreigners Act under Sections 11 and 14.