A bench of justices R M Lodha and A R Dave asked the Centre to file an affidavit, explaining the latest position of Iranian Abdul Shareef after Additional Solicitor General P P Malhotra told the court that even though the Centre had taken up his case with Iranian embassy over 10 months ago, there was no response from the latter.
Shareef had been arrested for straying into the country without a valid passport and had completed his sentence on July 17, 1997, but could not be repatriated. He was believed to be a Pakistani national earlier, but the Pakistan government had disowned him, saying he was an Iranian national.
"In our view, this continued detention even in detention centre when he has served the sentence way back on July 17, 1997, is not only improper but highly deplorable.
"All steps must be taken by the concerned authorities in getting his nationality established, so that he can be repatriated without any delay.
"We expect the Ministry of Home Affairs and the Ministry of External Affairs to take all necessary steps to establish the nationality of Abdul Shareef without any further delay. It should be done with a human touch. This is a very sad matter," said Justice Lodha, who headed the bench.
The court was hearing a PIL filed by J&K Panthers Party leader Bhim Singh seeking its directions to the Centre for release of Pakistani prisoners lodged in various jails across the country.
