LI Network
Published on: February 3, 2024 at 11:10 IST
The Punjab and Haryana High Court has taken suo moto cognizance of the concerning issue of individuals remaining in jail despite being acquitted.
In response to this matter, a division bench consisting of Acting Chief Justice Ritu Bahri and Justice Nidhi Gupta has directed the Punjab Government to provide information on the number of detainees still languishing in jails despite being acquitted.
This development unfolded after two juveniles from Pakistan, who have been residing in Juvenile Homes, expressed to Justice N.S. Shekhawat, also the administrative judge of Faridkot Sessions Divisions, that they are being detained even after their acquittal in April 2023.
Their case for repatriation is pending before the Department of Directorate of Social Security and Woman and Child Development, Punjab.
In 2022, these two Pakistani citizens were charged under the Passport Act 1920 and the Foreigners Act 1946 in Punjab’s Taran Taran for allegedly crossing the India-Pakistan international border. They have since been confined in the Juvenile Observation Home.
However, the Juvenile Board noted that there was no fencing between the border pillars, and considering the possibility of mistaken entry into Indian territory, acquitted the juveniles. Despite their acquittal, they remain detained.
The juveniles communicated their situation to Justice Shekhawat, seeking intervention. Consequently, the matter was referred to the Acting Chief Justice for appropriate action.
The Additional Advocate General for Punjab, Sehajbir Singh Aulakh, informed the Court that correspondence has been initiated with the Ministry of Home Affairs regarding the two juveniles.
The case is scheduled for further consideration on February 26.
