Bhuj court sentences Pakistani national to 2-year jail for entering Indian water territory illegally

A sessions court in Bhuj has convicted a Pakistani citizen and sentenced him to two years in jail, after he entered 100 metres inside the Indian water boundary area from the border in Kutch district of Gujarat. The court held the accused guilty under section 3 of the Passport Act 1920 (Entry into India), section 14(a)(b) of the Foreigners Act and Section 120 of G P Act, as he entered the Indian territory without holding a valid passport or visa.

However the court had clarified in its order that, since the accused person Babu Aalu Iliyas Aafat (22) is Pakistani citizen, the jailer shall not release him, after the completion period of sentence and as per the terms and conditions between India – Pakistan, the government will take appropriate action or further procedure. The court had directed the jailer of Palara jail in Bhuj to hand over the custody of the accused to SP, Kutch-Bhuj.

Sessions Judge Mahida Dilip noted that the accused had confessed to the offence and also produced the pursis stating that without any intention, he mistakenly entered into the territory of India. The accused had pleaded guilty and apologised for the offence committed by him.

The counsel appearing for the prosecution submitted before the court that they have successfully proved offence under Passport Act and Foreigner Act. The accused belongs to Pakistan and he entered India illegally, which falls under the category of very serious crime. He therefore submitted that considering the nature of offence punishment is to be imposed on accused.

Advocate appearing on behalf of accused, appointed through district legal service authority (DLSA) argued that the accused had entered into Indian territory mistakenly. The accused person’s economic condition is not well and he is having responsibility to maintain family. He further submitted that looking at the young age and family circumstances of the accused, minimum sentence may be imposed on him.

Fact of the case

The accused person had entered 100 metres inside the Indian water boundary area from the border in Kutch district of Gujarat on January 12, this year. The constables who were on duty at the observation point reported some movement and they found a Pakistani citizen in Indian water territory. The incident was reported to Dayapar police station. On asking name and whereabouts, the accused informed he is the resident of Karo Dhungro post – Goalarth district, which lies in Sindh province of Pakistan. A Pakistani currency of Rs 200, 3 kg crabs, head torch and a swimming tube was found out from the accused.

After this the accused was taken to joint interrogation center in Bhuj on January 14, 2025, for the purpose of interrogation by various agencies and and during the interrogation by various agencies of India, it was found that the accused had no any relatives or acquaintances in India, nor it came out that he was engaged with any terrorist group or institution. Thereafter the DSP, Western, kutch in written letter ordered to make proper procedure against the accused for entering illegally without holding a passport or visa under section 3 of the Passport Act 1920, section 14(A)(b) of the Foreigners Act and section 120 of GP Act. A FIR was registered against the accused at Dayapar police station on April 24, this year.