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Journalism of Courage
A day before a Pakistani woman,married to an Indian national for 30 years,was to be deported,the same court that had passed the order for her deportation last week granted an interim stay,giving her time to exhaust the legal remedy of a review petition.
On May 2,the court ordered that 48-year-old Nuzhat Jahan should be immediately deported to Pakistan once her six-day judicial custody ends. Nuzhat had been convicted of overstaying her visa by a magisterial court and had appealed in a sessions court on humanitarian grounds.
On Wednesday,Additional Sessions Judge Narinder Kumar,while noting that jail authorities had already communicated to the FRRO and the local police that all arrangements for her deportation were in place,said: The applicant has expressed intention of the convict,his wife,in filing a review petition against the judgment passed by this court,and according to law,she has got a period of 60 days for filing of revision petition. In case this revision petition is ultimately allowed,the convict shall suffer because of her deportation without allowing her to exercise her right of filing a review petition. Such a loss to the convict would be irreparable loss.
The court directed the FRRO (Pak section) to wait and not take any step in haste.
The court granted the stay after Nuzhats husband Mohammad Gulfam filed a fresh plea on Wednesday,seeking time to file a review petition against the courts previous order.
Every seeker of justice,even if citizen of any other country,is entitled to equality before law and equal protection of law. Similarly,wife of the applicant,who entered India on a valid visa,is also entitled to equal protection of law, ASJ Kumar said in his order.
Nuzhat,who had been lodged in Tihar Jail since May 2,was transferred to the Nirmal Chhaya complex on Wednesday after jail authorities were informed of the courts order. The Superintendent of Jail No. 6,where Nuzhat is lodged,was told about the right of the convict to challenge the judgment passed by this court.
Welcoming the order,Nuzhats husband Gulfam said: I am a very happy man today. Our whole life had come to a standstill. My wife had been sent to jail,and we were expecting her immediate deportation to Pakistan. We had last gone there in 1992… I was worried sick what my wife would do there after so many years. Now,I at least have some hope.
Gulfam said the family would seek review of the order for his wifes deportation.
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