Indian SC allows Dr Khalil Chishty to return to Pakistan

Dr Khalil Chishty has been granted permission by the Indian Supreme Court to visit Pakistan, Express News reported on Thursday.

Chishty had earlier filed an application in the court, seeking that he be permitted to go to Pakistan. The court had asked the Indian government to respond by May 7, indicating it was serious about moving quickly on the matter.

He was visiting his mother in Ajmer in 1992 when he got embroiled into a family feud that led to one his neighbours being shot dead. He has been in Ajmer since, living at his ancestral home during the 18-year trial before being jailed following his conviction in January last year.

Chishty was recently released from the Ajmer Jail in Rajasthan, after being sentenced to a life term in a murder case of 1992. He was set free on April 9 following a direction from the Indian Supreme Court.

The Chishty case was discussed between the authorities of the two countries during President Asif Ali Zardari’s visit to India.

Below is the text of Indian Supreme Court's verdict:

The applicant/appellant has filed the above application seeking permission to travel to Pakistan during the pendency of the above appeal. In support of the above application, he highlighted about his present age, namely, 80 years, 20 years' of his stay at Ajmer and his academic qualifications, namely Ph.D. from University of Edinburgh, Scotland in 1968 in Public Health Virology, noted academician/scholar of international repute. After narrating all these details, the applicant has also assured this Court that he is ready and willing to abide by the conditions which this Court may deem fit and proper for allowing him to visit his country.

Taking note of all these aspects particularly his age and academic qualification and this Court has already granted bail and his present stay at Ajmer, we intend to consider his application.

Inasmuch as we have posted the appeal for final disposal on 20th November, 2012, we permit him to visit his country, namely, Pakistan and return back to India positively by 1st November, 2012. As soon as he reaches his native country he has to surrender his passport with the Indian High Commission, Islamabad.

Apart from the above condition, the applicant/appellant or his nominee has to deposit an amount of Rs. 5 lakhs (Rupees Five Lakh) as security with the Registry of this Court within a period of two weeks from today. On fulfilling the above condition, the applicant/appellant is permitted to leave India and visit his home country.

In view of our present order permitting the applicant to visit his country we direct the trial judge to return passport and other documents, if any, to the appellant. For this applicant is permitted to file a formal application enclosing copy of this order. The trial judge is permitted to take a zerox copy of the passport and keep the same for his file.

It is made clear that we have granted permission taking note of special and peculiar circumstances and it cannot be cited as a precedent.