Details

Created: 09 December 2019

JAMMU: A Meeting of the Legal Aid Committee, J&K was held which has made a strong appeal to the governments of India & Pakistan urging the respective governments to release all the Pakistanis imprisoned in Indian jails and Indian citizens jailed in Pakistan for more than three years. This meeting was held under the chairmanship of Prof.Bhim Singh, Executive Chairman of Committee. It referred to writ petition filed by Prof.Bhim Singh in 2005 numbering W.P. (Crl.) No. 310 against the arrest and detention of over 1000 Pakistani prisoners detained in different Indian jails.

The Supreme Court had admitted the petition and issued several directions to Indian government for appropriate trial and release of all those Pakistani prisoners who had completed their respective sentences in different jails. This is also interesting that the Govts. of India and Pakistan had constituted Indo-Pakistani Prisoners’ Committee to make appropriate suggestions. The State Legal Aid Committee felt that no action was followed by the two governments since 2015. Prof.Bhim Singh said that the guidelines for repatriation of Pakistani prisoners who had completed their respective sentences has not been followed. On the other hands Pakistan had detained hundreds of Indian prisoners who have not been given any benefit of the recommendation of the Indo-Pakistan Joint Consultant Committees.

Prof.Bhim Singh said that the Writ Petition (Crl.) no. 310 has been pending before the Supreme Court since 2005. It was on the intervention of Supreme Court of India that nearly 1000 Pakistani prisoners were released from the Indian jails. In spite of direction of the Supreme Court the Govt. of India failed to take appropriate action for the release of deaf and dumb prisoners who have remained locked up in mentally disturbed locks-up in Amritsar as was informed by the lawyers appearing for the Union of India before the Supreme Court more than five years back. 

Prof.Bhim Singh expressed gratitude to the Indian lawyers and particularly those associated with the Legal Aid Committee including Mr. B.S. Billowria, Advocate, Supreme Court of India Mr. Bansi Lal Sharma, Advocate, J&K High Court, Mr. D.K. Garg, Advocate-O-Record, Supreme Court, Mr. Satish Vig, Advocate-On-Record. Prof.Bhim Singh urged the Govt. of India and the Govt. of Pakistan to revive the joint legal consultant committee so that all those in jails, many of them have completed more than 14 years in the Indian jails may be released. This is now a human cause, which deserve to be considered sincerely by the governments of India and Pakistan. 

Prof.Bhim Singh also reminded the government of Pakistan that he visited Pakistan on the invitation of Lawyers’ Congress Lahore, Pakistan, he had an opportunity to discuss the plight of the Indian prisoners in Pakistan who have been kept in illegal confinement for years. They remained ignored by the respective governments of India and the Law Department also. In spite of several letters addressed to the Govt. of Pakistan, the correct information of the number and names of Indian prisoners in Pakistan has not been gathered with satisfaction.

The Govt. of India on the other hand admitted that the Govt. of India had taken appropriate steps to ensure safety and security of the Pakistani prisoners in Indian jails. Unfortunately, he said that no news has appeared from the other side, Pakistan about the safety and security of the Indian prisoners in Pakistani jails. The State Legal Aid Committee has also urged the President of India to take appropriate action for the release of the mentally challenged Pakistani prisoners in Indian jails. Prof.Bhim Singh had made several suggestions to the Law Ministry, Govt. of India for the identification of mentally retarded Pakistani prisoners in Indian jails. 

Prof.Bhim Singh appealed to the Ministry of Law to not to oppose the listing of writ petition (Crl.) no.310 and allied writ petitions pending in the Supreme Court for the release of Pakistani prisoners in the Indian jails, many of them have completed for than 15 years in Indian jails. Prof.Bhim Singh also urged the Govt. of Pakistan to release the list of the Indian prisoners in different jails in Pakistan and allow the representatives of the State Legal Aid Committee (all lawyers) to represent the Indian prisoners in Pakistani jails with a hope that all those Indian prisoners who have completed more than three years in Pakistan jails shall be set at liberty unconditionally in the interest of justice and rule of law. Prof.Bhim Singh urged the Govts. of India and Pakistan to reactivate the joint legal aid committee for the earliest release of all Indian prisoners in Pakistani jails and Pakistanis prisoners in Indian jails. It deserves humane consideration to ensure justice to the suffering families of hundreds of prisoners from both sides for years.