Delhi HC dismisses plea for freedom
NEW DELHI/NAGAON, Jan 6 (PTI): The Delhi High Court on Friday refused to entertain a petition filed by a woman seeking directions to the Pakistani government to produce her daughter and grandson here from the custody of its authorities.
Related Posts:
The petitioner, represented through a lawyer, claimed that her daughter and grandson were abducted from their native place in Nagaon in Assam and subsequently detained by the Pakistan Army while illegally crossing over from Afghanistan to Pakistan without any valid travel documents.
The woman from Nagaon and her minor son, who have been missing since November, have landed in a Pakistan jail for allegedly entering that country without proper documents, the police and her family members claimed here.
The woman, who lost her husband two years ago, and her minor son went missing from their home since November 26, 2022, her mother Azifa Khatun said in a complaint lodged at the Nagaon police station after the incident.
Subsequently, she received a letter in December from a law firm in Pakistan by post stating that the two were arrested for crossing the borders without any legal travel documents and were lodged in the Quetta district jail, Khatun said.
A bench headed by Justice Siddharth Mridul observed that the court has no authority over the authorities in the neighbouring country and the plea was also not maintainable before it as no part of the cause of action arose within its jurisdiction.
The petitioner’s counsel said the plea was filed here as the central government functions out of Delhi and the Pakistani embassy is also located in the national capital.
“How can this court direct the authorities in Pakistan to produce your daughter?… You must understand these are not foreign nationals (but foreign authorities). You are claiming relief against the authorities in Pakistan. Do we have any territorial jurisdiction over Pakistan?” the bench, also comprising Justice Talwant Singh, asked the petitioner’s counsel.
It dismissed the petition and granted liberty to the petitioner to initiate appropriate proceedings in accordance with law.
“We decline to exercise jurisdiction in the present writ petition and dismiss the same while reserving liberty to the petitioner to initiate an appropriate proceeding in accordance with law before the Gauhati High Court, which admittedly has territorial jurisdiction over the subject matter,” the court said.
“We find ourselves unable to agree with the submissions of the petitioner in view of the judgment of the Supreme Court (on the issue of territorial jurisdiction),” it said, adding that the Union of India exists “all over the country” and not only in Delhi.
The petitioner had filed a habeas corpus petition against the Centre and Pakistani authorities for the production of her daughter and grandson.
A habeas corpus petition is filed seeking directions to authorities to produce a person who is missing or illegally detained before a court.
