From The Hindu
Sunday, Sep 26, 2010
Sarabjit Pandher| It accepts that Arshad's entry into India was accidental |
The boy was in jail for 8 months
BSF arrested and interrogated him
CHANDIGARH: After eight months of incarceration, Nauman Arshad — the Pakistani schoolboy whose plight was first highlighted by The Hindu in April — was ordered released by the Principal Magistrate of the Juvenile Justice Board at Amritsar, S.S. Mann on Saturday.
Arshad, who was 14 years old at the time, accidentally crossed over the border line separating Pakistan and India on January 12 this year. He was arrested by the Border Security Force (BSF) and subjected to “sustained interrogation,” following which he “confessed” to being a “terrorist.”
Though the juvenile court disposed of the January 14, 2010 FIR on Friday evening, the orders were dictated only on Saturday morning.
While accepting the documents placed before it, the court passed down the release orders after issuing a warning to Arshad, who was booked under Section 3 of the Indian Passport Act (Entry into India) and the Foreigners' Act at the Gharinda police station of Amritsar district.
Appearing on behalf of the schoolboy, who was detained at the Juvenile Home in Hoshiarpur district, advocate V.P. Singh Bhatia, had pleaded that the BSF and the police could not effect any recoveries from Arshad.
The boy had claimed that he was in Pakistani territory, when some BSF personnel patrolling the border had called him to ask some questions.
After taking him into custody, the BSF handed over Arshad to the Punjab police.
The court accepted that Arshad's entry into India without valid documents was accidental.
During the hearings, two BSF officials deposed that both India and Pakistan had often returned each others citizens who crossed the border “by mistake.”
Simultaneously, necessary documents from the governments of India and Pakistan validating the antecedents of the juvenile prisoner were also placed before the court.
Mr. Bhatia told The Hindu that the matter was now with the governments of India and Pakistan.
He expressed the hope that Arshad's repatriation would be carried out at the earliest.
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