SC grants three weeks to UOI to file reply in Bhim Singh’s petition for release of Pakistani/Foreign prisoners illegally detained in Indian jails

A Division Bench of Supreme Court of India comprising JJ Mr. J Chelameshwar & Mr.Abhay Manohar Sapre granted three weeks to the Union of India to file a detailed reply in connection with the continuous detention of several Pakistani prisoners detained in different jails of India for several years. Some of them without trial and some of them without charges framed. This petition against the illegal, improper and mala fide detention of foreign prisoners, mostly Pakistanis and the citizens of POK was filed by the Panthers Party Chief Patron, Prof.Bhim Singh, Sr. Advocate in 2005 with a prayer to release all foreign prisoners, mostly citizens of Pakistan and residents of POK who have been languishing in different jails in the country since nineties.

            Prof.Bhim Singh submitted before the Supreme Court that the directions of this Hon’ble Court were not implemented by the Govt. of J&K as well as by the Union of India on different occasions and without any ground. Prof.Bhim Singh submitted that the Supreme Court of India has passed several orders/directions directing the Union of India and the Govt. of J&K to deport the foreign prisoners who had completed their respective sentences. Prof.Bhim Singh has been arguing in the Supreme Court of India that the Govt. of J&K has not implemented the Supreme Court orders nor Union of India has cared to implement the directions and the orders of the Supreme Court of India.

            Prof.Bhim Singh said that Supreme Court of India directed the Union of India and the Govt. of J&K on 27.01.2009 that, “Trial pending in the Court of Sessions Judge, Srinagar shall continue to proceed in that very court and same shall be concluded within a period of one year from today.” Prof.Bhim Singh said that the Supreme Court had directed the Union of India and the State Govt. to ensure that the trials of all the Pakistani accused were concluded within a period of one year. This order was made in 2009 by the Supreme Court of India. Prof.Bhim Singh said that there was several prisoners in Amritsar jail who have been languishing there even though they have exhausted their sentences for more than two years.

            Prof.Bhim Singh in his petition has prayed to Supreme Court of India for its intervention that all those foreign prisoners (mostly from Pakistan) who have completed more than 15 years in the Indian prisons may be repatriated as they have exhausted their life sentences as has been defined in the Indian Penal Code. The writ petition filed by Prof.Bhim Singh has urged the Supreme Court for the repatriation of the prisoners.

1Mr. 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.

2.         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.

3.         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.

4.         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.

5.         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.

6.         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.

7.         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.

8.         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.

9.         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.

10.       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.

11.       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.

12.       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.

13.       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.

14.       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.

15.       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.

16.       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.

17.       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.

Prof.Bhim Singh has prayed the Supreme Court for its intervention in this regard to ensure that the foreign prisoners, mostly from Pakistan are repatriated who have completed more than 15 years in the Indian prisons.

            The advocates who assisted Prof.Bhim Singh included M/s. B.S. Billowria, D.K. Garg, Ritu Puri and Vijay Pratap Singh.