The National Human Rights (NHRC) has recommended that 63 Pakistani nationals who have sought asylum in India should not be deported till their request has been carefully considered.The Commission has further told the Government that these petitioners be treated in a humane manner and proper medical care and other basic amenities be provided to them as long as they are in India.The NHRC recommendations came on a petition filed by the lawyer representing the Pakistani nationals, Nilema Prabhoo, seeking the Commission’s intervention to ensure that they were not deported. She said that repatriation might mean death penalty for them.The NHRC in turn approached the Ministry of External Affairs for its views. The MEA held that the petitioners had obtained a visa from the Indian High Commission on the basis of fake letters of reference and fear of persecution by the petitioners was unfounded. After going through the statement of the petitioners, the NHRC admitted that the grant of asylum was an administrative decision to be taken by the Government of India, where it could not interfere. However, it drew the attention of the Indian Government to the observations made by the House of Lords in a similar case where it was held that the Secretary of State had the power and duty to act so as to avoid any breach of a person’s right as soon as an asylum seeker made it clear that there was an imminent prospect that such a violation could occur. The NHRC hoped that while considering the petitioners’ request for asylum, the Government will give due regard to the observations made by the House of Lords.
