HYDERABAD: Stating that Official Secrets Act is applicable to foreign nationals additionally, the Hyderabad HC upheld the life conviction awarded to a Pakistani national.
A Bench of Justice Suresh Kumar Kait and Justice U Durga Prasad Rao disregarded the attraction filed through convict Ashique Ali who used to be convicted for passing on delicate Indian defence establishment details to people in Pakistan.
Earlier, a Nizamabad trial court docket convicted him underneath IPC and the Foreigners Act, however acquitted him underneath Official Secrets Act. Now, on the other hand, the prime court docket has stated that this Act can also be carried out on foreign nationals too.
The prosecution had alleged that Ashique had conspired with different Pakistani nationals - Major Chaudhry Zahid Ahmed, Hawaldar Mahmood and Hawaldar Tahir, in opposition to whom case used to be separated - to assemble information when it comes to Indian Armed Forces.
Ashique used to be sent to India on June 15, 2001, with a passport bearing No J-970511 and visa No P210841 underneath the guise of a vacationer for 30-60 days to discuss with Delhi and Kanpur.
After getting into Delhi by means of Samjhauta Express, Ashique destroyed his passport. In violation of rules, he visited Batala, Amritsar and Qadian in Punjab; Hyderabad and Nizamabad in then AP; and Mumbai and Nagpur in Maharashtra. This time, he used to be mailing delicate information to Pakistan. Ashique overstayed in Hyderabad to assemble Defence information and thereby violated provisions of sections 3 and 14 of the Foreigners Act. Finally, he used to be stuck at a telephone sales space while speaking with Pakistani masters at the night time of January 26, 2002, near Jannapally junction, Nizamabad.
Defence argued he misplaced his paperwork and may now not go back. But to this, the Bench stated, he should have informed this to police or involved government to make preparations for his migration. In absence of such attempts, his argument may now not be authorised. The bench stated the accused used to be liable underneath Section 14 of the Foreigners Act.
A Bench of Justice Suresh Kumar Kait and Justice U Durga Prasad Rao disregarded the attraction filed through convict Ashique Ali who used to be convicted for passing on delicate Indian defence establishment details to people in Pakistan.
Earlier, a Nizamabad trial court docket convicted him underneath IPC and the Foreigners Act, however acquitted him underneath Official Secrets Act. Now, on the other hand, the prime court docket has stated that this Act can also be carried out on foreign nationals too.
The prosecution had alleged that Ashique had conspired with different Pakistani nationals - Major Chaudhry Zahid Ahmed, Hawaldar Mahmood and Hawaldar Tahir, in opposition to whom case used to be separated - to assemble information when it comes to Indian Armed Forces.
Ashique used to be sent to India on June 15, 2001, with a passport bearing No J-970511 and visa No P210841 underneath the guise of a vacationer for 30-60 days to discuss with Delhi and Kanpur.
After getting into Delhi by means of Samjhauta Express, Ashique destroyed his passport. In violation of rules, he visited Batala, Amritsar and Qadian in Punjab; Hyderabad and Nizamabad in then AP; and Mumbai and Nagpur in Maharashtra. This time, he used to be mailing delicate information to Pakistan. Ashique overstayed in Hyderabad to assemble Defence information and thereby violated provisions of sections 3 and 14 of the Foreigners Act. Finally, he used to be stuck at a telephone sales space while speaking with Pakistani masters at the night time of January 26, 2002, near Jannapally junction, Nizamabad.
Defence argued he misplaced his paperwork and may now not go back. But to this, the Bench stated, he should have informed this to police or involved government to make preparations for his migration. In absence of such attempts, his argument may now not be authorised. The bench stated the accused used to be liable underneath Section 14 of the Foreigners Act.
HC upholds life term of convicted Pakistani spy
![HC upholds life term of convicted Pakistani spy]()
Reviewed by Kailash
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May 05, 2018
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