By Astha Bhumish Shah 

The Punjab & Haryana High Court has observed that the Union Government is still ‘dragging its feet’ over the sensitive issue of repatriation of Pakistani juvenile prisoners who are in custody despite competition of their sentences. This development came after two juveniles from Pakistan languishing in Juvenile Homes submitted before the Administrative Judge of Faridkot Sessions Division that they had been detained even after their acquittal in April 2023. Their case of repatriation is pending before the Department of Directorate of Social Security and Women and Child Development in Punjab. In 2022, they had been booked under Section 3 of the Passport Act, 1920 and Section 14 of the Foreigners Act 1946 for allegedly crossing the international border of India and Pakistan and have been confined in the Juvenile Observation Home since. While acquitting the two, the Juvenile Justice Board observed that there was no fencing between the border pillars. Additionally, chances of mistakenly entering into the territory of India on foggy days, non-wiring of the gate, or the fact the juveniles could not make out the difference between the territory of the two nations cannot be ruled out. The Court also warned that Central Government that it will impose exemplary cost on it if action is not taken by the next hearing. The matter has been listed for 10 September for further consideration. (COURT ON ITS OWN MOTION V. STATE OF PUNJAB AND OTHERS – CWP-2264-2024 (O&M)) 

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