A division bench of justices P K Bhasin and Najmi Waziri ordered that compensation be paid to the man and specified that the three governments will pay equal amounts.
The court further said that the compensation amount will be deposited in a fixed deposit account from which the victim can withdraw Rs.10,000 per month. HC's direction came while hearing a case based on a letter sent by 32-year-old Sheikh Abdul Aziz who is lodged in Tihar Jail. He claims to be from Saudi Arabia, however, the government of Saudi Arabia has refuted his claim.
Aziz was sent to jail by a Srinagar court in 2006 for failing to give a satisfactory reason for travelling in India without a valid passport and visa. He had come to Bangladesh, from where he entered India through Kolkata, and remained in Odisha for some time. He reached Srinagar through Delhi, the letter informed HC. He was apprehended on July 27, 2005 in Srinagar. Later, he was sentenced to a year's imprisonment after being charged under the Foreigners Act. While the Srinagar court directed authorities to deport Aziz within two months of his release, he complained that no such efforts were made.
Following the order, the government of J&K shifted Aziz to Delhi as the external affairs ministry had to initiate the process for deporting him. Defending its move, the government told HC that detention orders were passed for the safety of people as Aziz was found under suspicious circumstances. It said the state wanted him to be deported and the central government was requested to take steps but it did not respond.
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