Pak man in jail for 11 yrs after serving sentence moves HC for repatriation
Times of India | 28 August 2025
Kolkata: Rejected by Pakistan but branded a Pakistani by India, a "stateless" P Yousuf (44) has moved the Calcutta High Court seeking repatriation after being lodged at Dum Dum Correctional Home for more than 11 years, even after serving out a 650-day jail term for entering India illegally.
The HC on Wednesday asked the Centre to specify whether he could be released from prison or needed to be detained further.
"Now what is to be done, whether he is to be released? Can that be done? None of the countries is willing to accept him. See if he can be taken as a refugee. Now it has to be looked at in that manner. He claimed to be Pakistani, the court convicted him as a Pakistani citizen, now what can be done?" Justice Amrita Sinha asked the counsel representing the Centre.
The counsel said as it involved queries on refugees, the home ministry and foreign regional registration office (FRRO) were also made parties, which Justice Sinha allowed. The matter will be next heard on Sept 17.
Yousuf was arrested on Jan 17, 2012 by Bongaon cops. A case was registered against him under Sec 14(c) of the Foreigners Act and IPC sections 420, 468, and 471. The next day, Yousuf and two others were implicated in an FIR.
His address was recorded as Karachi, Pakistan. On April 4, 2013, he pleaded guilty and was convicted under Foreigners Act. He was sentenced to a 650-day imprisonment.
Yousuf had been in prison for over 11 years and no process of repatriation had been taken, his counsel argued. The state on Wednesday informed Justice Sinha that he was taken to the High Commission of Pakistan in Delhi twice. While the two co-accused were accepted as Pakistani citizens, Yousuf's appeal was refused.
It was also submitted that he once claimed to be an Indian national from Kerala and submitted a few sale deeds from Kerala.
Kannur Police was contacted, and they sent back a report, stating he lived there till Class VII and then moved to Pakistan with his father, Mir Md.
The HC then asked the Centre to clear the ambiguity and inform it on how it wanted to deal with Yousuf.