Don't deprive Pakistani prisoners of rights,
dignity: Apex court
Tuesday February 28, 2012 10:07:35 PM,
IANS
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New Delhi:
The Supreme Court Tuesday said that Pakistani nationals who are
languishing in Indian jails long after completing their jail
sentences could not be deprived of their dignity and rights, and
can no longer be considered prisoners.
A bench of Justice R.M. Lodha and Justice H.R. Gokhale said this
after the central government informed it that 37 Pakistani
nationals who had completed their jail sentences in 2007, 2008 and
2009 were still incarcerated because Pakistani authorities have
not so far confirmed their nationality.
The court directed the full treatment of the 21 Pakistani
nationals who were stated to be mentally challenged.
"The 21 people who are mentally challenged have to be given proper
medical and health assistance in suitable government hospital or
in the hospitals or clinics run by the NGOs," the court said in
its order.
"It will suffice to say that these 37 people must be released
formally from the jails and having regard to national security,
may be kept at an appropriate place with movement restricted
pending their repatriation/deportation," the court ordered.
Saying that whatever may be the reason for delay in their
repatriation involving the non-confirmation of their nationality,
the court said, "We don't even have a slightest doubt that their
continued imprisonment is uncalled for."
Directing the government to shift these prisoners to some other
place or detention centre where they can have some restricted
mobility, the court in its order said: "In no way these 37
Pakistanis can be treated as prisoners once they have served their
sentences."
"It is true that until their nationality is confirmed, they can't
be repatriated and have to be asked to remain here. During this
time they can't be deprived of their human rights and human
dignity," Justice Lodha said in the order pronounced by him.
The order said it was "indeed unfortunate" that these 37 Pakistani
prisoners who have completed their sentences and are not required
by India under its law are in jail because their nationality has
not been confirmed.
The court noted that these prisoners were granted consular access
to the Pakistani high commission just a few months before their
actual release.
The court also asked the Gujarat government to make similar
arrangements for 11 Pakistani fishermen in its jails against whom
no offence has been registered.
The court asked the government to ensure that the exercise for the
confirmation of the 37 people's nationality is completed
expeditiously.
It observed, "We have no doubt that Pakistan high commission will
complete the exercise as early as possible."
When it was told that there was one centre in Delhi and another in
Amritsar where these prisoners could be lodged, the court said:
"What is important is not the location where these 37 people would
be lodged, but we must have basic amenities and adequate provision
for their stay."
The court also inquired if the two places mentioned by Additional
Solicitor General P.P. Malhotra had all the facilities and space
to accommodate them. "Are you sure if there are reasonable
facilities," Justice Lodha inquired.
The court directed the listing of the matter after four weeks.
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