SC adjourns Pak-prisoners petition against illegal detention Bhim Singh urges deporation of all illegal prisoners

A Division Bench of Supreme Court of India comprising JJ J. Chelameshwar and Mr. Abhay Manohar Sapre today directed that the petition filed by Prof.Bhim Singh, Sr. Advocate against the illegal detention of about 800 Pak-prisoners shall be listed a week after for final hearing. The Supreme Court made this observation when Prof.Bhim Singh arguing the petition submitted that he filed a petition in 2005 against the illegal, unconstitutional and malafide detentions of nearly 800 Pakistanis while who had infiltrated to India by crossing borders from Pakistan side.

          Nearly 500 Pakistani prisoners have been deported back to Pakistan by the order of the Supreme Court of India on the writ petition filed by the Panthers Party connected social organizations and legal aid committee. The Supreme Court directed that the petition (Writ Petition No.310/2005 along with other writ petitions) filed against the illegal detention of Pakistani boys may be taken after a week.

          The Supreme Court had also directed Union of India and the State Govt. to move out all the foreign prisoners (most of them are Pakistanis) to the centres and shall be taken out of the prisons. The Union of India and State Govt. have been claiming that the foreign prisoners were not lodged in the prisons/jails. The Union of India in its affidavit filed this morning before the Supreme Court admitted that 59 Pakistani prisoners who have completed their sentences or against whom no offence was registered are still continuing in different lock-ups/jails in the country. Though, Sewa Sadan at Lampur, New Delhi has been set up but there are only two Pakistani prisoners namely Mohd. Kamar, s/o Mohd. Ameem and Abdul Jabar@Sikander, s/o Musa Ibrahim. Though, they have not been identified till date. The affidavit filed by the Union of India also admitted that there are two detenus in Alwar (Rajasthan) jail. They are Mr. Hamid, s/o Mohd. Hussain and Javed Isaim, s/o Mohd. Bux (no nationality mentioned). The affidavit filed this morning before the Supreme Court, the Union of India has admitted that there are about 20 foreign prisoners who have been detained in Amritsar prison in Punjab for several years with no offences registered against them. Interestingly, their addresses or country or origin has not been mentioned. Out of 20 unknown/with unknown citizenship there are three goongas (Deaf and dump) because they are goongas. This matter was referred by the Supreme Court of India to the Union of India to trace out the original connection of these prisoners. According to the information these prisoners have been lodged in detention centres along with other 16/17 Pak-prisoners in Amritsar jail called as Detention Centre Amritsar.    

          Prof.Bhim Singh has been arguing this case for years he also handed over several copies of judgments of the Supreme Court of India to the Pakistani lawyers and functionaries of Pakistan Supreme Court Bar Association. The Lawyers Congress of Pakistan in Lahore headed by Zulfiqar Ali Jehangir, Advocate in the Lahore High Court has been working hard to ensure that Govt. of Pakistan may trace out the relatives of these goongas.

          According to the affidavit of the Union Home Ministry there are 22 prisoners from Pakistan who have been in jail for several years and detained in the so-called Detention Centre, JIC, Bhuj in Gujarat.

          The Supreme Court of India in its strict order had directed all the states and Union of India to shift all such foreign prisoners who are not convicts and have no case pending against them to some independent areas. It is unfortunate that there is only one such centre in New Delhi called Sewa Sadan Lampur which has only two foreign prisoners. The Union of India has admitted this day in the affidavit that there are 59 foreign prisoners who are not wanted in any case and are not involved in any offence. Only two of them are kept in Sewa Sadan, Delhi. 57 foreign prisoners are still detained in jails/prisons which is evident from the record which has been supplied by the Union of India to the Supreme Court. There is no Detention Centre even in J&K, Goa and several other states. This is admitted by the Union of India that five foreign prisoners (Pakistanis) have been detained in different jails, Rajouri, Lalaya Khan, s/o Shareen Khan, Central Jail, Kotbhalwal (Mrs. Rubina, w/o Mohd. Noor), in District Jail Jammu two foreign are detained namely Mr. Akhtar Hussain, s/o Noor Rehman and Mohd. Shafeeq, s/o Mohd. Shareef wheras Mohd. Iftikar, s/o Barhan Ali Khan has been detailed in Poonch District jail, J&K. They have been kept in illegal detention and in violation of the Supreme Court order/judgment.

          It is also interesting revelation by the Union Home Ministry that there are some non-Muslim names (persons) who have been detained for years in Gujarat jail (Bhuj). They are mentioned as Hiralal, s/o Ranamal (Srl. No.45), Laduben, w/o Hiralal, Najesha, s/o Hiralal, Khiyan, s/o Hiralal, Nanji, s/o Hiralal, Jagdish, Laxman, Narayan (all sons of Hiralal) and daughter of Hiralal Raqtuben (all these information through an affidavit by the Union of India was submitted before the Supreme Court this morning).

          On 11.02.2014, the Union of India had admitted in its affidavit that there were 265 Pakistani prisoners in jails and 131 fishermen.

          Prof.Bhim Singh submitted before the Supreme Court of India that the Govt. of India should release the names with photos to the Pakistani High Commission as almost all of the unidentified prisoners sulking in prisons belong to Pakistan. He has made a submission that all the prisoners not identified should be given the choice to go as a refugee in the United Nations refugee penal and choose a country of their choice. He said that they are all human being and cannot be treated like cattle.

          Prof.Bhim Singh has decided to send the list of the names with pictures if he is allowed to picture the unknown prisoners, to the Prime Minister of Pakistan to trace out their connection and send his representatives to escort the Pakistani prisoners from detention centres in India to Pakistan.               

          Prof.Bhim Singh was assisted by the advocates, Mr. S.K. Bandhopadhyay and Mr. B.S. Billowria.

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.