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This story is from December 5, 2007

SC seeks explanation from Centre on Pak nationals' detention

A SC Bench directed the Centre to file an affidavit within two weeks giving details why Zamir Ahmed Khan alongwith Zafar Ali should not be released and deported forthwith.
SC seeks explanation from Centre on Pak nationals' detention
NEW DELHI: The Supreme Court on Wednesday sought an explanation from the Centre on the continued detention of two Pakistani nationals whose deportation has been recommended by the government.
A Bench comprising Justices A K Mathur and Markandey Katju directed the Centre to file an affidavit within two weeks giving details why Zamir Ahmed Khan alongwith Zafar Ali should not be released and deported forthwith.
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"The Centre has not been able to point out to us under which statutory law Zamir Ahmed Khan and Zafar Ali are being detained. If the travel documents of both these persons have been received they should have been deported," the Bench said.
"The protocol between the two countries does not authorise the authorities to detain any person unless it is in accordance with the law," the Bench said, rejecting the argument put up by the Centre that both have to sent back as per the arrangement between India and Pakistan decided in November 1982.
The Centre, through its affidavit filed in the court, informed that other two Pakistanis, Mohd Umar alongwith Alam Khan, were deported on August 14 2007.
With regard to release and deportation of Tajikistani national Abdul Qadeer, the Centre told the court that his case has been recommended by the government and it has written a letter to Tajikistani Embassy on October 31.
Earlier, on October 3, the apex court had asked the Centre to explain why Pakistanis whose deportation had been recommended by the J&K Government were allegedly languishing in prisons.
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