Two IOJK residents mistakenly entered Gilgit to be handed over to AJK govt

GILGIT: On the directions of the Supreme Appellate Court Gilgit-Baltistan, authorities will give custody of the two Indian Illegally Occupied Jammu and Kashmir (IIOJ&K) residents, who had mistakenly entered Astore, to Azad Jammu and Kashmir (AJK) government.

According to sources, the authorities will send Noor Muhammad Wani and Feroz Ahmed, residents of District Bandipura Tehsil Gurez of Indian Occupied Jammu and Kashmir, presently confined in Central Jail Minawar District Gilgit, to AJK on early Tuesday.

Gilgit-Baltistan Home Minister Shams Lone confirming the news said, “They will be shifted to Mahajir Camp in AJK within two or three days.

While hearing an appeal of the duo last month, the Supreme Appellate Court ordered IG Prisons G-B to hand over the custody of the respondents to the Azad Jammu and Kashmir Council Secretariat to deal with the duo per the policy.

Wani and Feroz had challenged a Chief Court verdict whereby they were directed to be deported from the territorial jurisdiction of Azad Jammu and Kashmir to their native region of Indian Occupied Jammu & Kashmir instead of their deportation from Wagah Border Lahore

According to a detailed judgment issued by the Supreme Appellate Court, Wani and Feroz had mistakenly crossed the line of control (LOC) and entered into the territory of Pakistan (District Astore Gilgit Baltistan) and reached Gilgit city where they were arrested by Airport Police Station Gilgit. An FIR was registered against them at the aforementioned police station.

The judgment said after the completion of the necessary investigation report was submitted before the trial court, which convicted them under section 14(2) of the Foreigners Act, 1946 and sentenced them to the period already undergone by them. The court further ordered the G-B government to deport the aforementioned respondents to their native country through the Wagah Border after completion of the necessary process.

Thereafter, On June 24, 2022, on the direction of Secretary Home & Prisons Department G-B, the Inspector General Prisons, G-B, directed the Superintendent of Prison, Central Jail Minawar Gilgit to shift the respondents to Kot Lakhpat Jail.

However, the IOJK residents approached the Chief Court Gilgit seeking asylum by virtue of private international law. The Chief Court accepted the writ petition to the extent of prayer of the respondents for their deportation from Azad Jammu and Kashmir to their native region of Indian Occupied Jammu and Kashmir instead of their deportation from Wagah border but the Chief Court did not take into consideration the request of the respondents about asylum.

However, the petitioners filed a review petition which was dismissed by the Chief Court vide order dated 08.08.2023. After which, they moved to the Supreme Appellate Court Gilgit-Baltistan for an appeal.

The judgment mentioned a perusal of letter (policy) No.L-672/83-AJKC dated 1″ October 1995 initiated by Azad Jammu and Kashmir Council Secretariat Islamabad with Azad Jammu and Kashmir government which manifests that such case of border crossing by individuals from occupied Kashmir/India are taken by the Azad Jammu and Kashmir Council Secretariat in consultation with the Ministry of Interior to settle and eliminate chances of security risks, following the responsibility vested in the Council vide Item No. 1 of the 3rd Schedule to the Azad Jammu & Kashmir Interim Constitution Act, 1974.

 In view of this policy, the court observed that such cases are required to be dealt with by the Azad Jammu & Kashmir Council in consultation with the Ministry of Interior. “It would be appropriate that the custody of the respondents is handed over to Azad Jammu and Kashmir Council Secretariat who shall deal with them (respondents) per the policy mentioned in the aforementioned letter dated 01.11.1995 and in such eventuality the prayer of the respondents for asylum/settlement could conveniently be adjudicated upon, the judgment reads.

In case of refusal of the request of the respondents for asylum/settlement by the Azad Jammu and Kashmir Council Secretariat, the judgment said, “the Government of AJ &K in consultation with the Ministry of Interior and Azad Jammu and Kashmir Council Secretariat would be at liberty to deal with respondents per law/ policy at their own level”.

Disposing the case, the court ordered IG Prisons G-B to hand over the custody of the respondents to the Azad Jammu and Kashmir Council Secretariat who shall deal with the respondents per the policy mentioned in the letter dated 01.11.1995. The court also ordered IG Prisons G-B to submit a compliance report in this regard within 15 days.

In compliance with this order, the Gilgit authorities will move Wani and Feroz early Tuesday, sources said.