President of India urged to exercise his powers to remit life sentences of Pak-prisoners-updated

Prof. Bhim Singh, Sr. Executive Member of Supreme Court Bar Association (SCBA) who is also Executive Chairman of State Legal Aid Committee has decided to submit a petition to the President of India seeking his intervention under Article 72 of the Constitution of India so that all foreign prisoners, mostly from Pakistan and POK, who have completed 15 years in custody or prison in any Indian jail. Article 72 has vested unlimited power with the President of India which says, “The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.”
Prof. Bhim Singh, a Barrister-at-Law, Sr. Advocate in the Supreme Court of India who has been championing the Human Rights cases for two decades said that the prisoners who have completed 15 years without remission are counted among those who have completed life sentence. A prison who spent 15 years has in fact undergone a sentence of 20 years, five years being remission allowed under the Punjab Jail Manual which is applicable in India as well as in Pakistan. He said that the Supreme Court has issued a notice to the Govt. of India on his petition which has sought the relief for all those Pak-prisoners who have completed 15 years or more in jails. He has demanded their repatriation because they have completed the life sentence as provided in Section 57 of the Indian Penal Code. There are several judgments in the Supreme Court which have stated that minimum sentence undergone by a life prisoner should be 14 years.
Prof. Bhim Singh also told the media that he shall be writing a similar letter to the President of Pakistan seeking his intervention for the repatriation of Indian prisoners languishing in Pakistani jails who have completed more than 14 years in Pak-jails.
Prof. Bhim Singh said that tragic assault on Sarabjit Singh in a Pakistani jail and retaliatory attack on a Pakistani prisoner, Sanaullah Ranjay in Central Jail Kot Bhalwal, Jammu should be an eye opening tragedies for both India and Pakistan. The trial of Sarabjit was vitiated and unfair. Had Govt. of India cared to engage a lawyer for Sarabjit to conduct his trial in Pakistan, the situation and the consequences would have been different. He called the murder of Sarabjit Singh as a state conspiracy whereas assault on Sanaullah was a retaliatory act by an individual which could have been averted had the Govt. of J&K taken due precaution. Prof. Bhim Singh had in a letter to the Prime Minister of India requested him to ensure appropriate security to the Pakistani prisoners languishing in Indian jails.
Prof. Bhim Singh also released a list of Pakistani prisoners who have completed more than 15 years in Indian jails. In some cases investigation is still going on. Trials have not been concluded in spite of repeated directions of the Supreme Court of India to complete the trial without delay or within one year.
Prof. Bhim Singh demanded overhauling of the Criminal Procedure Code as well as the Indian Penal Code to ensure fair and speedy trials of the accused persons. The old Indian Penal Code brought in by the British colonialists deserves urgent surgery in the interest of Human Rights and human dignity.

Sd/-B.S. Billowria, Advocate
Secretary

———————————————————————–

LIST OF PAKISTANI PRISONERS

WHO HAVE COMPLETED 15 YEARS IN INDIAN JAILS

1.       The Union of India in its counter affidavit filed in February 2013 had admitted that Sanaullah Ranjay, s/o Ishaq Hussain, r/o Sialkot, Pakistan was lodged in Central Jail Amritsar and later shifted to Central Jail Kot Bhalwal, Jammu. The other day 3rd May, 2013, he was assaulted by a fellow prisoner under treatment died PGI, Chandigarh this morning (9th May, 2013).

i).       He was arrested in 1995 under FIR No. 45/95 u/s. 3/4 TADA, 4/5 ESA, 14 FA, P/S Nawabad. According to the counter affidavit filed by the Union of India, he was convicted and completed his sentence of the abovementioned counter affidavit.

ii).      That he was arrested in 1995 in another FIR no. 88/95 u/s. 3 PSSA, 14 FA, P/S City Jammu. He was convicted and completed his sentence also.

iii).     That he was convicted in another offence, FIR no. 676/94, P/S Gandhinagar. It did not disclose the quantum of sentence but stated that he was undergoing conviction (sentence). It was a vague mentioning of sentence.

iv).     That he was also arrested under FIR no. 51/95, u/s. 3 PSSA, 14 FA, 435, 212, 109 RPC, P/S Vijaypur. Again it was stated that he was undergoing conviction. Did not disclose the quantum of sentence.

v).      That he was also detained in FIR no. 187/95, u/s. 3 PSSA, 14 FA, 435, 212, 109 RPC, P/S Samba. He was acquitted on 03.12.2007.

vi).     That he was arrested in FIR no. 195/95, P/S City Jammu and acquitted on 29.11.2008.

vii).    That he was arrested under an old FIR no. 164/94, u/s. 3 PSSA, 302 RPC, 3/6, P/S Nagrota. It was stated that he was awarded life sentence. No date has been mentioned. It didn’t say whether he availed an opportunity to file an appeal against this sentence.

viii).   He was also arrested in the past FIR no. 132/94, u/s 3 PSSA, 302, 307 RPC, P/S Satwari TADA Court Jammu. It did not disclose the status of the trial at all.

ix).     According to the counter affidavit, he was arrested in FIR no. 203/95, u/s. 3/6 IPA, P/S. R.S. Pura (Jammu District). Interestingly, investigation was still going on as no chargesheet was filed till 2012.

This is prayed that the Union of India may be directed to release (subject to his health condition) Sanaullah, the prisoner, presently under treatment in PGI, Chandigarh and repatriated to Sialkote, Pakistan in the interest of universal justice and equity.

a).      It is submitted that he has completed more than 18 years in jails with disciplined life in the jail. He has been musical band master at home and also inside the jail.

b).      That the entire history of the trials would establish that he has completed life imprisonment also.

It is further submitted that all those Pakistani prisoners including the foreign prisoners who have completed more than 15 years in the prisons deserve to be repatriated as they have completed their respective life imprisonments.

2.       Mr. Ghulam Nabi, s/o Fazal Din was arrested in 1995 under FIR no. RC 1(S)/95, CBI, u/s. 3/4 TADA. He was acquitted on 2nd March, 2009. He was also arrested in another FIR no. 261/95, u/s 2/3, E&IMCO. He has completed his sentence. His appeal no. 1743/2009 is pending according to the counter affidavit of the Union of India before the Hon’ble Supreme Court.

3.       That Ashiq Ali, s/o Warand Ali was arrested in 1994 at Khour (District Jammu) under FIR No.40/94, u/s. 14 FA, 3 PEI Act, 2/3 E&IMCO, P/S Khour, Jammu. It has been stated that he is undergoing sentence in Central Jail Amritsar. He has also completed 19 years. The Union of India may be directed to repatriate him in the interest of equity and justice.

4.       That Javed Hussain Shah, s/o Gulam Hussain Shah was arrested in 1998 under CR No. 11/98, u/s. 302, 326, 324, 435, IPC. Presently he is undergoing life sentence in Central Jail Jaipur. It is also a fit case for the deportation as he has completed 15 years in custody.

5.       That Abdul Hayee Mali, s/o Mohd. Ajmal Malik), presently lodged in Kot Bhalwal Jammu was arrested under FIR No. 177/96, u/s 307, 121, 122, 120-B RPC P/S Maisuma, Srinagar. He was acquitted in two other cases and has completed sentence in the third FIR. Has been shown as under trial in FIR no. 177/96. He has completed 17 years in detention and deserves to be repatriated.

6.       That Abdul Rashid Gani, s/o Abdul Kadar Shaikh was arrested in 1993 under TADA Special Case No. 119/94 u/s. 3 (2) & TADA 1987 150 (10) & 152 Rly Act. He is undergoing life sentence. He has completed nearly 20 years. This will be in the interest of justice and rule of law that the Union of India may also repatriate him.

7.       That Abdul  Rahi, s/o Majid Khan was arrested in 1994 under FIR no. 658/94, 364/364A/120 B/121A/121 IPC &  3/4 TADA Act, Connaught Place. He is undergoing sentence. It did not say how much is a quantum of sentence. This is a case where the prisoner has completed 20 years in prison. Deserves to be repatriated.

8.       That Mohd. Hussain, s/o Nazir Ahmed was arrested in 1997 under FIR no. 1102/1997. He is undergoing sentence. It doesn’t say how much is the quantum of the sentence. The Union of India may be directed to repatriate.

9.       That Mohd. Mubashir, s/o Mohd. Tahir was arrested in 1997 under FIR no. 132/1997. He is still facing the trial. It does not say where. Lodged in Central Jail Tihar. Union of India may be directed to repatriate him.

10.     Shahnawaz Malik, s/o Kandar Malik was arrested in 1998 under FIR no. 146/98 lodged in Central Jail, Jaipur. He has completed 15 years in prison. Deserve to be repatriated.

11.     That Dilawar Sain, s/o Hasan Sain was arrested in 1998 under FIR no. 274/98 lodged in Central Jail Jaipur. He has completed 15 years in prison. He also deserves to be repatriated.

12.     That Abdul Mateen s/o Hazi Mohd. Yakub was arrested in 1996 under FIR no. 177/97. He has already completed his life sentence after completing 16 years in jails. May be repatriated.

13.     That Mohamad Sharif was arrested in 1993 under FIR no. RC/6(S)927SIU/V/CBI at 05.08.1992 TADA Case No. 2/93, 7/93, 2/94 New Delhi RMD PS FIR no. 199/93. He has completed 20 years in prison. The Union of India may be directed to repatriate him.

14.     That Khalid Mehmood, s/o Mohd. Yusuf was arrested in 1994 under FIR no. 79/1994, 3(1) 3(3), 3(5), TADA, Gokul Puri. He has completed 19 years in prison. The Union of India may be directed to repatriate him.

15.     That Nazir Khan, s/o Hazi Lal Khan was arrested in 1994 under FIR no. 658/94 Connaught Place, 364/364-A, R/W 120-B & 121-A/22/124-A IPC & 14 F. Act & 3 & 4 TADA. He has completed 20 years in prison. The Union of India may be directed to repatriate him.

16.  That Nasir Mehmood Sdazoy, s/o Sakhi Mohd. was arrested in 1996 under FIR no. 184/2011, 323/324/34 IPC & 3/4 TADA, Connaught Place. He has completed 17 years in prison. The Union of India may be directed to repatriate him.

17.  That Md. Javed, s/o Mohd. Shafi was arrested in 1998 under SC No.34/98, 21/23/29 NDPS Act, P/S NCB. He has completed 15 years in prison. The Union of India may be directed to repatriate him.

18.  That Abdul Rahim, s/o Majid Khan was arrested in 1995 under FIR no. 658/94, 364/364-A/120B/121A/121 IPC & ¾ TADA, Connaught Place. He has completed 18 years in prison. The Union of India may be directed to repatriate him.