38 Pak-prisoners shall be repatriated to Pakistan on Pakistan’s confirmation, 11 to be deported immediately

The Union of India submitted affidavit in the Supreme Court of India on a writ petition filed by Prof. Bhim Singh, Executive Chairman, State Legal Aid Committee for the release of Pak and POK detenus lodged in Indian jails for several years admitting that in pursuance of Supreme Court order, nine POK prisoners are being released any day namely; Mr. Zisan Alam, Mohd. Akram Chaudhary, Mohd. Yousuf Khawaja, s/o Mohd. Ayoub, Muzaffrabad, Mr. Faheem Siddique, s/o Choudhri Mohhamad Sadique, Mohd. Adnan Malik, Saifullah, Mohd. Sagir, s/o Saad Mohammad, Munawar Hussain Shah, s/o Habib Hussain Shah, Mohd. Tariq, s/o Abdul Majid.

On the petition of Prof. Bhim Singh Additional Solicitor General of Union of India in an affidavit informed the Division Bench of Supreme Court of India comprising of JJ Mr. Justice R.M. Lodha and Mr. Shiva Kirti Singh. The Union of India in response to the petition also informed the court that 38 Pak and POK prisoners have been cleared for repatriation to Pakistan after their release from the Indian jails. The Union of India informed the Supreme Court that the 38 prisoners who include Kala Masih s/o Gama Masih, Harsid@Arsind, s/o Mohammad Khan, Javed Aslam, s/o Mohammad Bux, Hamid, s/o Mohammad Hussain, Khuda Bux, s/o Mamdin Memal Rahim, Malang Faqir, s/o Baba Noori Lal, Tajimuddin, s/o Luftar Rehman, Mohd. Sadiq, s/o Mohd. Amir, Sujad Ali, s/o Akbar Ali, Sabir Hussain, s/o Barkat Ali, Goonga, Zaffar Alam, s/o Badshah Mian, Goonga & Bola, s/o Unknown Ali (Goonga), s/o Unknown Goonga, s/o Unknown, Mohd Aslam, s/o Mohd. Albar Ali, Mohd. Imran, s/o Mohd. Anwar, Rameez Raja, s/o Abud Shah, Mohd. Azmal, s/o Taz Gul, Elias, s/o Rahim Khan, Kasim, s/o Wasim Shah, Miraz, s/o Bahimal, Deaf and Dumb, Rashad, s/o Abdul Sitar, Nayeem, s/o Salim, Tarikh Ali, s/o Mohammad Ali, Mohd. Arshad, s/o Mohd. Asgar, Partap, s/o Krishan Chand, Shahid Mohamad Fakir Mohmad Fulani, Mohamad Rahim, s/o Mohamad Zahir Pathan, Babul, s/o Simalda Mugarji, Umar Shayamu Koli, Sabir Ahmed Usman Pavar, Rajak Shahnawaz, Karimkhan Yakat Khan, Fidahusen, s/o Shermahamad, Ragaji, s/o Ravato Hothimal Valdiya, Rubina, s/o Mohammad Noor, D/o Dil Mohammad, Ashiq Ali, s/o Warand Ali, Asghar Ali, s/o Charag Ali.

On the request of Prof. Bhim Singh, the Supreme Court observed that the Ministry of External Affairs may take up the matter fast with the respective Foreign Govt. to ensure that the innocent persons languishing in jails are repatriated at the earliest.

Prof. Bhim Singh also urged the Court to fix a minimum period for the completion of trial of those who have been languishing in different jails due to the unexplained delay in concluding the trials. He has submitted that all those foreign prisoners who have completed 15 years in custody in any Indian jail should be set free and repatriated in case his trial has not been concluded. The Supreme Court had already issued direction to the respective courts to complete trial within a period of one year.

Prof. Bhim Singh made a strong appeal to the Supreme Court for its immediate intervention to ensure release of one Abdul Sharief, a resident of Iran who has been in Amritsar Central Jail since 1995. He completed his sentence in 1997. Prof. Bhim Singh submitted the court that Abdul Sharief has been illegally detained by the authorities for over 16 years that cannot be justified under any situation. The Supreme Court directed the Additional Solicitor General, Mr. P.P. Malhotra to find out the details about those Pakistani and other foreign prisoners who have been kept in Indian jails after having completed their respective sentences.

Prof. Bhim Singh said that the Govt. of India has admitted that there are still 265 Pak, POK and some other prisoners in Indian jails. Prof. Bhim Singh, Sr. Advocate of the Supreme Court, however, expressed satisfaction that the Supreme Court of India has been highly considerate to ensure the strict implementation of Article 21 of the Constitution of India to give appropriate relief to all Pakistani prisoners in spite of high tension prevailing in the relationship of India and Pakistan.

The case will be taken after two weeks.

Prof. Bhim Singh was assisted by M/s. B.S. Billowria, Satish Vig, D. Vidyanandam.