Allahabad High Court directs UOI to deport Pakistani prisoner convicted for attempted spying

The Allahabad High Court on Monday directed the Union of India to deport a Pakistani man convicted for forgery and attempt to transfer official information from India to Pakistan in the year 2007.  He was arrested by the Special Task Force, U.P. Lucknow in June 2006 for allegedly spying for Pakistan while living under a fake identity.

Upon man's arrest, it was revealed that he was living in India illegally with a fake identity in the name of Lareab Khan however, his real name was Taseem Azeem and he was a Pakistan national. SIT claimed that he had also got prepared forged driving license, educational certificates of High School, Intermediate, and B.A. in the name of Lareab Khan.

The SIT had alleged that Azeem used to transfer India's secret military information to the Pakistan Intelligence agency ISI through one Javed. During interrogation, Azeem told the arresting official about his real identity and his family in Karachi Pakistan, SIT said.

Thereafter a case was registered against Azeem under Sections 115, 120-B, 121, 121A, 123, 420, 467, 468 and 471 of I.P.C. and Section 3/9 and 5/9 of Official Secrets Act and Section 3/14 of Foreigners Act. However, before the trial court, Azeem argued that though it was true that he came to India without passport, he did not do any act against the Indian Government or against India.

He claimed that he was implicated in the case because he was a Pakistani citizen and asserted that he did not know who was Lareab Khan. However, he could not adduce any evidence in his defence.

The Trial Court concluded that though the prosecution was able to prove charges of forgery beyond reasonable doubt and the facts that one book 'C.I.A. Vs. India, Asia and Afghanistan' was recovered from Azeem's possession and the fact that some emails were also sent by him to one Javed residing in Pakistan, which included some information related to the Indian Army which was sent to Pakistan's Intelligence Agency, it could not be proved what information was sent. 

Therefore, the trial court held that only offences under Section 3/9 and 5/9 of the Official Secrets Act were proved and the rest of the offences were not found proved because Azeem did not do any act, which could be termed as terrorist activities or any conspiracy against India or waging war against India.

Court added that it could also be not proved by the prosecution that the sent information was secret information. Hence, the trial court found and held Azeem guilty under Sections 467, 468 and 471 of I.P.C. and under Sections 3/9 and 5/9 of Official Secrets Act, 1923 and under Sections 3/14 of Foreigners Act and punished him accordingly.

Khan completed his sentence of 8 years in 2014, however, on the same day another FIR was registered against him under Sections 353, 504 & 506 of I.P.C. and Under Section 3/14 of Foreigners Act. In this case also, Azeemeem was convicted and was sentenced to four years imprisonment which he completed in August 2018.

Against the decision of the trial court, the State appealed before the High Court against Azeem's acquittal under the terror activities charges as well as for enhancement of the sentence awarded. On the other hand, Azeem filed a Habeas Corpus Petition in 2020 alleging his illegal detention. 

The High Court bench of Justices Ramesh Sinha and Saroj Yadav found that the trial court had rightly acquitted Azeem under the terror activities charges as the prosecution had failed to produce evidence and held that there was no need to interfere with the judgment and order passed by the trial court. Accordingly, State's criminal appeal was dismissed.

The High Court bench further noted that Azeem had served out the sentence awarded to him and now to detain him further shall be illegal and in clear violation of Article 21 of the Constitution of India.

Therefore, Court held that since Azeem is a foreign national without any passport or visa, therefore he must be deported to his own country and directed the Union of India to deport him to his own country in accordance with law, unless required in any other case.

Case Title: State Of U.P. vs Taseen Azeem @ Lareab Khan