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High court to decide on Qureshi on Jan 4

Onkar Singh in New Delhi

A special bench of the Delhi high court consisting of Justices C Joseph and S N Kapur extended for two more days on Tuesday the stay granted in the Hashim Qureshi case. The matter will now come up before them for a final hearing on January 4.

Qureshi was arrested at Delhi airport on December 29, 2000, on his arrival from Holland and produced before Metropolitan Magistrate Gulshan Kumar who remanded him to judicial custody till January 11.

The next day the Jammu & Kashmir police moved an application before Duty Magistrate Kamini Lou and got transit remand of Qureshi to produce him before the Srinagar chief judicial magistrate on January 1, 2001, before 1600 IST.

But Qureshi's advocate made an urgent mention before the special bench at Justice Joseph's residence and got the order stayed the same evening.

The special bench then heard the matter on New Year's eve and again on Tuesday. Thereafter the judges directed counsel for the petitioner to make his final submission on January 4 for disposal of the case.

In his writ petition before the special bench, Qureshi's counsel K T S Tulsi argued that his client's detention was illegal as he had already been punished for the offences listed against him by the Srinagar police by a special court in Pakistan, serving nine years in prison. The principle of double jeopardy prevents the trial of a person twice for the same offence.

Later, briefing reporters, Tulsi said he would put forward his final arguments in court on Thursday.

"The court is now hearing arguments from both sides whether my petition is maintainable or not. The Jammu & Kashmir police and the Delhi state have argued against the maintainability of my petition. They want to try my client again for an offence for which he has already been convicted by a Pakistani court. It would be a travesty of justice if that happens."

Tulsi said Qureshi should be freed forthwith. "Even the international conventions to which India and Pakistan are signatories uphold this principle. It would amount to a denial of fundamental rights of my client if he were to be tried again."

The advocate said the offence of hijacking could be tried in two countries -- from where the plane takes off or where it lands. Since in 1971 the plane landed in Lahore, the Pakistani court was competent, he said, to try Qureshi and convict him.

Tulsi said there was no question of Qureshi returning to Holland, where he had lived for the last few years in exile. "He has come to assist the Government of India in its peace mission. He wants to join the two factions of Kashmir, including Pakistan-occupied Kashmir."

Qureshi's younger brother Mohammad Iqbal Qureshi alleged that the Indian authorities were not treating him well. He complained that the media was also not highlighting his cause. "He came here with the intention of helping the peace initiative launched by Vajpayeeji. He will go back to Srinagar and is not afraid of any death threats that are being issued against him by the Pakistan-based militants. He wants to die in Srinagar. He loves his motherland (mather-e-watan)."

The younger Qureshi said the one-time Jammu & Kashmir Liberation Front leader had been having trouble passing urine for the last four days, but no medicines had been supplied to him. "He has not been allowed to even change his clothes. He will face a trial if he has to. But he is firm on his peace mission."

EARLIER REPORTS:
Delhi high court extends stay on Qureshi's transfer
'I hope every Kashmiri will support me in my efforts to bring peace'
Delhi high court stays Qureshi's transfer to Srinagar
Qureshi handed over to Kashmir police
Hijacker Hashim Qureshi returns to India
1971 IA hijacker wants to return, stand trial
India's first hijacker wants to come home

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