The Kerala High Court on Tuesday quashed a criminal case registered under the Foreigners Act against two Pakistani nationals and ordered the police to issue clearance certificate for their travel back to Pakistan.
The order came on a petition filed by Imran Muhammed and Ali Asghar who were on a visit to Kochi for medical treatment of the former.
Issuing the directive, Justice K. Haripal observed that it was expected that when foreign nationals were involved, responsible officials should show a little more sensibility and act cautiously. An exception had to be taken to registering a crime at the drop of a hat. No reason was made out for initiating criminal prosecution against the petitioners who had reached India with valid travel documents. Their arrival was duly intimated to the Special Branch and the officials were monitoring them, he observed.
Disallowed to leave
The petitioners pointed out that after the treatment, their plan was to fly out through Chennai. But when they reached Chennai, they were not allowed to leave for want of a police clearance certificate.
Then they came back to Kochi and sought a certificate. However, they were not issued one and the police informed them that a case was registered against them under Sections 11 and 14 of the Foreigners Act.
