Ironically, the hapless Rubeena and her child, Chand Tara, are languishing in the jail at a time when militants are infiltrating from the other side of the Line of Control to unleash mayhem and even escape the arms of law.
Abandoned by her husband and disowned by her own country, a young Pakistani woman, along with her four-year-old daughter, is awaiting help of a real-life Bajrangi Bhaijan to reunite with her family.
Rubeena, 22, has been languishing in the Kot Bhalwal prison of Jammu since November 2012.
Ironically, the hapless Rubeena and her child, Chand Tara, are languishing in the jail at a time when militants are infiltrating from the other side of the Line of Control to unleash mayhem and even escape the arms of law.
Coming to her rescue, the Jammu and Kashmir high court has rapped the state for leaving it to the counsel to "prosecute the petition" of Rubeena.
"Primarily it is the responsibility of the state government to seek full details of the petitioner and to ensure deportation/push back of the petitioner along with her minor child as directed by this court... But the respondent state has left it to the counsel who is a lady without any human support and it is the counsel who has come forward to help the lady and prosecute the petition," said Justice Ali Mohammad Magray of J&K High Court while disposing of the contempt petition filed to seek deportation of Rubeena.
Rubeena, who hails from Musa Colony in Pakistan's Hyderabad city, was arrested by Jammu and Kashmir Police along with her daughter, who was a toddler then, in Kanachak area of Jammu in November 2012 when she was found moving in a suspicious manner. She was perhaps advised by some people to go to Jammu and try crossing the border on her own.
She was booked under Section 14 of the Foreigners Act.
Betrayals, tragedies and heartbreaks sum up Rubeena's journey from Pakistan to India. She was abandoned by her husband, who allegedly brought her to Delhi on the pretext of medical treatment. Divested of her travel documents, she travelled to Wagah border with a hope to cross over to her country. But she was turned away as did not have any document to prove her claims. Then Rubeena was directed to go to Jammu where she was arrested and sent to prison.
"She was suffering from asthma and other disorders and was brought to Delhi for treatment by her husband. She had a new-born baby with her. But as she arrived in Delhi, her husband abandoned her. She had no travel documents and money. Someone told her to go to Wagah but she was not allowed to cross because of lack of documents. She then reached Jammu where she was arrested," Mir Shafaqat Hussain, her counsel, told dna.
It was a chance meeting of Mir with Rubeena in Kot Bhalwal jail that prompted the former to file the case in the J&K High Court. "I had gone to meet detainees whose cases I contest in the courts. She was also there. She broke down and narrated her story. I assured her that I would fight her case in the court," he said.
What came as a rude shock was Pakistan's report not confirming Rubeena's nationality. This followed the meeting of the officials of Pakistan High Commission with Rubeena at central jail Amritsar on February 26 2013.
Hearing the matter, Justice Hasnain Masoodi of the high court in May 2014 asked the authorties to deport Rubeena and her daughter to Pakistan within four weeks in May 2014. However, she was not deported because of Pakistan did not confirm her nationality.
"I met Rubeena in the jail before filing the contempt petition. I told her to share all details about her family members, relations and neighbours. She told me that her father had married twice. She was born to his second wife. Later both her parents passed away and her step brother got her married," he said.
Mir later filed a contempt petition with all the details of her family members, relatives, teachers and neighbours as the Rubeena's address proof. "There should be no difficulty for the state respondents to ascertain the full particulars with reference to nationality of the petitioner," said Justice Ali Mohammad Magray of J&K high court while disposing of the contempt petition.
Justice Magray directed the IGP CID to take steps within four weeks for deportation of Rubeena and her minor child to Pakistan. "This court while disposing off the Hebaus Corpus Petition finally directed the respondents Inspector General of Police CID to take steps for deportation/push back of the petitioner and complete the exercise within four weeks from the date of receipt of the copy of the order", he said.
Additional director general of CID SM Sahai said he would look into the matter once he will be in the office. "Darbar is closed. It (matter) must be under process in the office. I will be there in couple of days and I can check," he told dna.
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