Guwahati, Dec. 2: A Pakistani national, Syed Fasiullah Hussayni, who languished in jail for nearly 14 years after being arrested on suspicion of being an ISI agent, today stepped out of prison — more than six months after Gauhati High Court upheld his acquittal by a sessions court in 2008.
His term included a five-year term he served for entering India illegally.
Fasiullah was taken to New Delhi today for deportation on December 6.
Fasiullah, 53, along with three others — Javed Wakar (another Pakistani), Moulana Hafiz (from Jammu and Kashmir) and Qari Salim Ahmed (from Uttar Pradesh) — were arrested by Assam police here on August 7, 1999, for allegedly “moving about in a suspicious manner,” the police said.
The police later arrested six others in connection with a case registered under Sections 120-B/121A, 122, 153-A and 34 IPC and Section 14 of the Foreigners Act, 1946.
Javed was transferred to Bengal last year in connection with an explosives recovery case while the court of Kamrup district and sessions judge had acquitted Fasiullah and eight others in June 2008 after the prosecution failed to substantiate the charges of carrying out anti-India activities.
The court, however, sentenced Fasiullah to a five-year term in 2008 after he was proved guilty of illegally entering India.
Assam police had challenged the sessions court judgment in the high court against the acquittal.
The petition, however, was rejected and the high court upheld the acquittal order on May 17 this year.
“We are not satisfied that the prosecution has been able to prove the link or nexus of the accused with the ISI whose alleged aim is to destabilise Indian society and overthrow the government by waging war,” the high court had observed, while upholding the acquittal judgment.
“Fasiullah was detained in jail though the high court in May had asked the Kamrup district administration and the government to take necessary step for his deportation within 30 days. But he was not released and we lodged a complaint petition in the court of Kamrup chief judicial magistrate and the court issued a similar order for deportation. But the district administration and the Assam government officials said the process was delayed due to official formalities. Then we filed a habeas corpus in the high court complaining against Fasiullah’s illegal detention,” Fasiullah’s lawyer Rafique Islam told The Telegraph here today.
“During a hearing of the petition on November 18 this year, the high court asked the counsel of the solicitor general of India why the process of his deportation was being delayed. The respondent had sought three weeks’ time to respond and today that we came to know that Fasiullah was released from jail and taken to New Delhi for deportation,” he said.
Islam said Fasiullah was also booked in connection with two other cases — one in Dudhnoi police station in Goalpara district and another with the special operations unit of Assam police.
A court in Goalpara, however, acquitted him on August 8, 2012, after the prosecution similarly failed to prove its charges.
Sources in Guwahati Central Jail said Fasiullah, a resident of Karachi, was handed over to an Assam police team around 4am and taken to New Delhi by Rajdhani Express. The train left Guwahati at 7.05am. A senior home department official said Fasiullah would be deported through the India-Pakistan border at Wagah. “We received clearance from the ministry of home affairs last week,” he said.