Afghan detainees wait for justice as PM flies to Kabul

New Delhi
25 August 2005

Even as Prime Minister Manmohan Singh gets
ready to travel to Kabul on Sunday, and India takes up with Pakistan the
matter of sentencing to death of Sarabjit Singh, an Afghan youth lodged in
Tihar Jail claims he has been confined without any trial by extending his
period of detention.

Taza Sarbaz Khan, who is lodged in Ward No 7 of Central Jail No 2, was
arrested in 1997 in Jammu and Kashmir after he and some fellow Afghans
were allegedly caught in the crossfire between Indian and Pakistani
troops. He claims he has not been repatriated despite completion of
sentence.

The Home Department of the Government of Jammu and Kashmir has
extended his detention by a period of 24 months with effect from January
26, 2004. It said the State Advisory Board was of the opinion that
sufficient cause exists for his detention under the Jammu and Kashmir
Public Safety Act.

Citing the grounds of detention under the Act, an earlier government order
issued by the Home Department of J&K had said that the Afghan national
was a member of unlawful organisation called Tehriq-e-Jehad and he
infiltrated into the Valley with an intention to create terror and destroy
public property.

Interestingly, the annexure to that government order also stated that the
period of his detention has expired and he being a foreigner has to be
repatriated, "which is likely to take some time .... It is necessary to detain
the subject [till] the orders for his expulsion are got issued and
arrangements for his push back are made."

Finding himself without recourse to legal aid, Taza Sarbaz Khan has
made a representation to the Embassy of Afghanistan. Like him, two other
Afghans lodged in Tihar Jail and four more in the Kotbalawal Jail in
Jammu are awaiting deportation by the Union Ministry of Home Affairs.

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