New Delhi: Pakistani schoolboy Asmad Ali, who was arrested last November after he strayed on to the Indian side of the Line of Control (LoC) while “chasing his pet pigeons”, is set to be released under an order passed by the Juvenile Justice Board in J&K’s Poonch Thursday.
Apart from Ali (14), the release of another schoolboy from Pakistan named Khayam Maqsood (16) — who has been in Indian custody for over a year for crossing into the country — was ordered by the same board on 5 August, though the announcement came out Thursday.
While Maqsood was acquitted, Ali was pronounced guilty of crossing the LoC into India without proper permission. But being a juvenile, he cannot be sentenced under the law, stated the order of the Juvenile Justice Board at Poonch. ThePrint has accessed both orders pertaining to Maqsood and Ali.
In February, ThePrint had reported that Ali’s parents, residents of Rawalkot in Pakistan-occupied Kashmir (PoK), had requested Prime Minister Narendra Modi to intervene and ensure the child’s release. They had then claimed that their son had accidentally crossed the LoC while chasing his pet pigeons.
Asmad ‘could be allowed to return soon’
According to the order, Asmad Ali was guilty of crossing into India without proper permission. The order added that the boy had committed an offence under Sections 2 and 3 of The Egress and Internal Movement (Control) Ordinance, 2005.
“These allegations against the child in conflict stand proved,” the order stated, adding: “He is convicted but being a juvenile, he cannot be sentenced under the law. So, he is ordered to be released subject to furnishing of an undertaking duty attested by the Magistrate that he shall not repeat the offence.”
Rahul Kapoor, a human rights activist who has been closely involved in the cases of both Ali and Maqsood, told ThePrint: “In essence, while he has been convicted, being a juvenile, he will not have to serve any sentence in prison. After providing an undertaking assuring that he will not repeat this offence, he will be allowed to leave. This could allow him to return home soon.”
No suspicious activity being found in relation to his border crossing also aided his release, Kapoor added.
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Allegations against Khayam ‘unproven’
Maqsood’s release order explains that the facts and circumstances surrounding his crossing into India have not been proved.
“Allegations against the accused have not been proved beyond reasonable shadow of doubt, whether he himself crossed over to this side of the LoC, or he has been arrested from No Man’s Land, or from other side of the LoC,” said the order.
As a result, the court concluded that allegations against Maqsood remain unproven, and therefore he was acquitted.
Kapoor said that shortly after the order, he spoke to the Pakistan High Commission and India’s Ministry of External Affairs to establish diplomatic channels and ensure a swift release for the boys.
“I hope they can get back home soon,” he added.
(Edited by Siddarth Muralidharan)
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