SC commends Bhim Singh’s fight for justice for Pak & Foreign Prisoners

Justice Mr. R.M. Lodha & Mr. Justice Shiva Kirti Singh, presiding over the Bench of the Supreme Court of India commended the efforts of Prof. Bhim Singh and his consistent fight agitating for the civil rights and liberties of the Pakistani & Foreign prisoners. While commenting on the conclusion of a writ petition filed by Prof. Bhim Singh in which all the 84 Pak & POK prisoners have been repatriated to Pakistan by this day as was informed through an affidavit filed by the Union of India. (Annexures-‘A’ & ‘B’ attached). The Govt. of J&K had admitted in reply to the petition that 35 + 29 Pak & POK prisoners were not required after 2006. Prof. Bhim Singh expressed gratitude to the Supreme Court for lighting the lamp of democracy through its historic judgments and orders particularly relating to the civil liberties of persons irrespective of their nationalities. He said that the Supreme Court of India has given a unique message to the world that there shall be no compromise on the civil liberties and freedoms of individuals. He said that more than 300 foreign nationals from Pakistan, POK, Afghanistan, Iran & some other countries who were detained in different Indian jails since 1991 have been repatriated to their respective countries. He said that there are nearly 300 Pak & POK prisoners are still languishing in different jails in India.
The division bench hearing several petitions of Panthers Party seeking release of foreign prisoners comprised Justice Mr. R.M. Lodha & Mr. Shiva Kirti Singh.
Justice Shri R.M. Lodha in his intervention observed;
“Whatever relief the foreign prisoners have been able to secure, it is because of Prof. Bhim Singh’s selfless and forceful commitment to the cause of civil rights and civil liberties. Prof. Bhim Singh has been taking up these cases before us with whole devotion. He has been spending money to pursue the matter for several years. We can say that Prof. Bhim Singh deserves commendation for his excellent work in this regard.”
Additional-Solicitor General Shri P.P. Malhotra also submitted that some of the prisoners which included Abdul Hayee Malik, s/o Mohd. Ajmal Malik and Shahnawaz Malik, s/o Mamdar Malik, have been deported. He also said that steps are taken for the release and repatriation of Pakistani prisoners who have completed their sentence is closely monitored by the Ministry of Home Affairs at the beginning of every month. Steps are taken to repatriate all Pakistani prisoners who have completed their sentences.
Prof. Bhim Singh expressed deep shock on the failure of the Govt. of India to repatriate 21 mentally challenged foreign prisoners (Pakistanis) who have been languishing in different jails namely Jaipur, Sriganganagar, Jaiselmer, Amritsar for years in spite of the direction of the Supreme Court of India to lodge such prisoners in some safe houses because, “They could not be treated as a prisoner. Out of the 21 mentally challenged prisoners five among them are deaf and dumb (goongas). They bear no residential and home address either.”
Prof. Bhim Singh urged the Supreme Court to find a way out for their human-living and survival with dignity. All these goongas are lodged in Central Jail, Amritsar.  Prof. Bhim Singh said that there are other 16 mentally challenged Pakistani prisoners lodged in different jails, Sriganganagar, Jaiselmer, Amritsar, JIC Bhuj, Police Station, Suigam, Jammu etc. The court directed the Additional Solicitor General Shri P.P. Malhotra, Sr. Advocate to file a status report on these petitions.

15 Bengadeshi prisoners without an offence
Prof. Bhim Singh also raised the issue of 15 Bangladesh prisoners lodged in Okha Marine Police Station without any offence registered against them. He made a strong plea to the court for their strong message to the Union of India.

Abdul Sharif (Pak national)?
Prof. Bhim Singh made a compassionate plea before the Supreme Court this morning pleading for the release of Mr. Abdul Sharif, s/o Gulam who has been detained in Central Jail, Amritsar since 1997 as he completed his sentence on 17.7.1997. He said that report submitted by the Ministry of External Affairs cannot be accepted that the Govt. has not been able to ascertain his nationality in 16 years. The court directed the lawyer for the Union of India to file a detailed report in this regard also.
The court granted time to the Additional Solicitor General representing the Union of India who wanted sometime to file an updated and detailed affidavit in connection with the status of the prisoners and the under-trials. Prof. Bhim Singh has raised the issue of the under-trials whose trials have not been completed in 15 years in spite of the direction of the Supreme Court of India from time to time to complete the trials within one year. Such directions were issued in 2007 and again in 2008. He said the State Govt. should be made answerable on their utter failure to implement the directions and orders of the Supreme Court of India issued from to time in regard to the trials and release of those prisoners who have completed their respective sentences years ago. The Supreme Court fixed the case for January, 2014.
Prof. Bhim Singh was assisted by M/s. B.S. Billowria, S.K. Bandopadhyay, Advocates