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.