Monday, March 19, 2012

Sentenced for life, 80 year old Dr. Chisty deported to Pakistan - India

19 mar 2012

Putting an end to a case that caught the attention of rights activists as well as the Prime Minister, the Government of India has granted clemency to Mohammad Khalil Chisty – the 80-year-old Pakistani virologist undergoing life imprisonment in a murder case in Ajmer jail – and deported him to Pakistan. 

Senior counsel U.U. Lalit made this submission in the Supreme Court on Monday.
On February 24, a Bench of Justices P. Sathasivam and J. Chelameswar issued notice to the Union of India and the Rajasthan government on a petition filed on behalf of Dr. Chisty by Mr. Lalit seeking his release. The court had granted two weeks for the Centre to respond. 

On Monday, Mr. Lalit said that in view of the deportation, nothing survived in the petition. Recording the submissions, the Bench disposed of the matter. 

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 History:

Dr Chisti, an 80-year-old Pakistani virologist, was sentenced to life imprisonment in Ajmer after 19 years of trial. Burney said the Karachi University professor was arrested on charges of the murder of one man Idris. The murder allegedly took place during a group clash on the premises of the shrine of the sufi saint Khuwaja Moinuddin Chisti Ajmeri in Ajmer, Rajasthan on the March 14, 1992
What appeared to be an altercation among cousins at the Baitul Salim Manzil reportedly turned bloody and Idris died after he sustained serious wounds from a gunshot.
Burney said after a case was registered in the Ganj police station in Ajmer, Dr Chisti, was put on a prolonged trial along with three others — Yasir Chisti, Akil Chisti and Farooq Chisti — under Sections, 307, 302, 324, 323 of the Indian Penal Code and then sentenced to life imprisonment.
Later an appeal for suspension of sentence was moved by Dr Chisti in the Rajasthan High Court, and was rejected on the ground that he is a Pakistani national and “no leniency” could be shown in his case.   The suspension plea for the sentence of the other three accused was granted.
Dr Chisty was in the jail hospital located in the premises of the Ajmer Central Jail.
 He is unable to walk or stand so someone has to carry him to the bathroom. He also has fractured his left hip and is also showing symptoms of palsy and is a heart patient.
Burney appealed to Ms Patil and Mr Singh to consider the case on humanitarian grounds in the light of the goodwill generated between India and Pakistan over the release of Kashmir Singh and Gopal Das, Indian nationals who were facing death sentences in Pakistan.
 Indian Constitution gives Governors powers to grant pardon, reprieve, respite or remission of punishment, including life sentence to any person. Dr Chisti was to be released under the provisions of the Rajasthan Jail Manual, Part 5, Rule-3.

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