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Written by: Current News Service

Created: 19 January 2018

NEW DELHI: A Division Bench of the Supreme Court of India has directed to list the Writ of Habeas Corpus filed by Prof. Bhim Singh against the illegal detention of more than 1000 Pakistani and Pakistan administered Kashmir (PaK) prisoners after four weeks who have been languishing in different jails of India for over 10 to 20 years. Prof.Bhim Singh, who is also the Chairman of National Legal Aid Committee besides senior Advocate in the Supreme Court of India had filed Writ of Habeas Corpus in 2005 against the detention of over 1000 Pakistani and PaK prisoners who had crossed into India misusing the Line of Control, entered into J&K.

 

On the intervention of the Supreme Court of India more than 800 Pakistan and PaK prisoners were released from Indian jails on the writ petitions filed by Prof.Bhim Singh in-person. According to the Union of India there are still about 250 Pakistan, PaK prisoners some of them (about 20 persons) have been declared permanently handicapped. Some of them have not been identified by Pakistan High Commission in 10 years till today. The Government of India filed Additional Affidavit in the course of hearing stating present status of 21 foreign nationals in jails, dealing with present status of 12 persons in jails, the status of 43 persons in different Indian jails and the status of 22 Pakistani nationals who have completed their sentence/acquitted.

 

The Union of India filed an affidavit before the Supreme Court of India regarding 21 Pakistani prisoners. Some of them have been released and repatriated namely, Harsid@Arsind s/o Mohammad Khan (Mental Hospital Jaipur), Mohammad Amin s/o Ram Maksood (Detention Centre, Alwar), Maksood Ali @ Fazal s/o Tawar Ali @Abdul Aziz (Detention Centre, Alwar), Mohammed Khalid s/o Mohammed Yousuf (Mental Hospital Jaipur), Asraf Hussain s/o Ahmed Bux (Mental Hospital Jaipur), Ramzan s/o Matara Khan @ Fatiyar Khan (Mental Hospital Jaipur), Mohd. Arshad s/o Mohd. Amir (Mental Hospital Amritsar), Mohd. Sadiq s/o Mohd. Amir (Detention Centre, Amritsar), Shingar Ali s/o Baba Hussain Ali (Detention Centre, Amritsar), Elias s/o Rahim Khan (Detention Centre, Amritsar), Mohd. Mubashir Code Ali Badar s/o Mohd Tahir (C.J. Jodhpur), Shahnawaz Malik @Fouji s/o Kamdar Malik (C.J. Jodhpur and Dilawar Sain s/o Hassan Sain (C.J. Jodhpur.

Nearly 12 prisoners have been shown undergoing life sentence namely Abdule Rashid Gani @Abdul Gani @Abdul Rashid Abdul Kadar Shaikh@Tufil Rajput (Nasik Raod Central Prison), Abdul Rahim @Sayed@Kari s/o Majid Khan (C.J. Tihar), Mohd. Hussain @Abu Julfikar s/o Hussain @Junazir Hussain (C.J. Tihar), Abdul Mateen @Iqbal @ Faruq @ Munsail s/o Hazi Mohd. Yakub (Central Jail Bikaner) & Mohd. Mohamad Sharif @ Javed @Pavankumar Sharma @ Manzoor Ahmed (Vadodara Central Jail). Prof.Bhim Singh regretted that no address/home address in Pakistan has been mentioned by the Government which shows that the State is not sincere in its dealing. 43 Pakistani and PaK persons have been shown as prisoners in Indian jails who have been listed with no offence at all.

 

22 Pakistani prisoners in Indian jails have completed their sentence and have not been deported till date. They include M/s. Abdul Jabbar @ Saiyyed Amr Ali, Ali Mohammad @Ali Ahmed @Alia Ahmed, Asif Khan Code 77, Asima, Faheem Sidique, Hamid Noman Bhat, Javed Alam Sheikh Code Junaid Albadri, Mansoor Ahmed Manhas, Muhammad Abid Sayani Code Asadullah, Muhammad Mubashir Code Ali Badar, Muhammad Qasim, Muhammad Sharif, Muhammad Tariq @ Mohamad Tarak Ali, Munawar Hussain @Miya Mithu, Naseem Akhtar, Qari Muhammad Ismail, Sadia Baba, Saifullah Code Surinder Singh, Sarfaraz Ahmed Rana, Soofia Kanwal, Tanveer Masih & Nisar Ahmed Narejo.   There are some prisoners in Amritsar and other jails who have been declared as mentally challenged and whose whereabouts have not been traced. Some of them are in Amritsar jail/hospital and some of them in Rajasthan. Prof.Bhim Singh described this State of Affairs as highly undesirable and cannot be accepted by any Indian jurist or a human being who is associated with Indian culture and sense of humanism. This amounts to violation of international human rights code of conduct established by international commission on human rights.           

Prof.Bhim Singh described the inaction of the Union of India highly deplorable and unacceptable when the Government has filed a reply before the Supreme Court of India over a petition which is filed 13 years back before the Supreme Court that the Govt. of India is circulating a list of prisoners without providing their addresses, home addresses or even their ages. The advocates who appeared with Prof.Bhim Singh included S.K. Bandopadhyay, B.S. Billowria and others.