Whose daughter is Rubeena? Of India, Pakistan, or of their enmity?

Source:- greaterkashmir.com

The Jammu and Kashmir High Court has directed Ministry of External Affairs, Government of India, to seek from Pakistan High Commission in New Delhi veracity of particulars of a woman who along with her minor son are in detention in a Jammu jail for over four years now.

A resident of Musa colony in Pakistan’s Hyderabad, Rubeena was arrested near Kanachak in Jammu on November 6, 2012 and was booked under section 14 of the Foreigners’ Act. Trapped in a row over her address in Pakistan, the woman in her mid twenties continues to be in the confines of Jammu’s Amphalla Jail.

Despite High Court directions, the woman and as well as her minor son’s deportation is stated to be hinged to the veracity of the documents furnished by External Affairs Ministry to Pakistan High Commission.

While considering the “earnest plea and the prolonged detention,” a bench of Justice Ramalingam Sudhakar directed the Ministry of External Affairs to “make a further request to the High Commission of the Islamic Republic of Pakistan in New Delhi to verify the particulars given and seek its intervention.”

This, the court said, after Assistant Solicitor General of India, Tahir Shamsi presented before the bench copies of the two letters sent by EAM to the Pakistan’s High Commission on July 15 and September 23 last year for conveying confirmation of Rubeena’s nationality.

“A reading of the (letters) reveals that there is no positive response from the high commission of Islamic Republic of Pakistan in New Delhi despite the detainee giving her place of origin,” the bench said while hearing Rubeena’s plea through her counsel Shah Ashiq Hussan vice Mir Shafaqat Hussain.

Advocate Shah pleaded that Rubeena was disoriented and in desperation and the jail atmosphere has affected her thought process.

In December last year, observing it as a glaring example of human tragedy, the High Court had said it was duty of the concerned authorities to secure confirmation about her nationality at the earliest saying the lady did belong to some place on the planet.

In January this year, Pakistan’s interior minister Chaudhry Nisar Ali Khan had directed Pak authorities to verify the nationality of Rubeena so that she could be repatriated back home.

Khan, according to a Dawn newspaper report, had directed the chairman of the National Database and Registration Authority (Nadra) to verify the documents of Rubeena and determine whether she had Pakistani nationality. Nadra was given a 24-hour deadline to look into the matter and send a report to him.

As per her plea, Rubeena was abandoned by her husband, people gave her money and sent her to the Wagah border crossing but Pakistani authorities did not allow her to enter the country because she did not have travel documents. Rubeena was then sent to Kashmir, where she was arrested in November 2012.

On May 20, 2014 while disposing of a petition, the High Court had ordered the authorities including IGP CID Kashmir to take steps for deportation of Rubeena and her minor son to their native country Pakistan. The exercise was to be completed within four weeks.

When the court order was not implemented, on August 29, 2014, Rubina moved court in a contempt petition through her counsel Mir Shafaqat Hussain.

The stand taken by the State and Union of India was that the particulars, provided by Rubeena in the writ petition were sent to the authorities of Pakistan high commission at New Delhi for confirmation of her nationality for carrying out her deportation. In its initial stand, the Ministry of External Affairs, Government of India, held that authorities of Pakistan did not confirm the nationality of the petitioner on the basis of particulars which were furnished to them.

On March 30, 2016, Rubeena’s counsel Mir Shafaqat filed an application before the court furnishing details of her residential address in Pakistan.

Her address has been shown as IshdaLaL Masjid Gate No. 10, Gali No. 10 Musa Colony Hyderabad Pakistan; Father’s Name: Late Dil Mohammad Mir.

Apart from other details, it has been mentioned that Rubeena’s father executed second marriage with Para Begum who was of Malasiyan origin and out of the said wedlock, Rubeena was born.

Assistant Solicitor General of India had informed the court that on the basis of the particulars, the Under Secretary Ministry of Home Affairs (Foreign Division) GOI has sent a communication dated October 4, 2016 to him, indicating that the matter was taken up with Ministry of External Affairs on April 26, May 20 and September 20,  2016.

The court was told that the Ministry of External Affairs was requested to take up the matter with the Pakistan High Commission for confirming the nationality status and issue of travel documents of the petitioner so that she could be repatriated to Pakistan.