HYDERABAD: Stating that Official Secrets Act is applicable to foreign nationals also, 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 dismissed the appeal filed by convict Ashique Ali who was convicted for passing on sensitive Indian defence establishment details to people in Pakistan.
Earlier, a Nizamabad trial court convicted him under IPC and the Foreigners Act, but acquitted him under Official Secrets Act. Now, however, the high court has said that this Act can be applied on foreign nationals too.
The prosecution had alleged that Ashique had conspired with other Pakistani nationals - Major Chaudhry Zahid Ahmed, Hawaldar Mahmood and Hawaldar Tahir, against whom case was separated - to collect information relating to Indian Armed Forces.
Ashique was sent to India on June 15, 2001, with a passport bearing No J-970511 and visa No P210841 under the guise of a tourist for 30-60 days to visit Delhi and Kanpur.
After entering Delhi via 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 was mailing sensitive information to Pakistan. Ashique overstayed in Hyderabad to collect Defence information and thereby violated provisions of sections 3 and 14 of the Foreigners Act. Finally, he was caught at a telephone booth while talking with Pakistani masters on the night of January 26, 2002, near
Jannapally junction, Nizamabad.
Defence argued he lost his documents and could not go back. But to this, the Bench said, he ought to have informed this to police or concerned authorities to make arrangements for his migration. In absence of such attempts, his argument could not be accepted. The bench said the accused was liable under Section 14 of the Foreigners Act.
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