The Hindu : Explain steps taken to send back Pak. prisoners, SC tells Centre

Online edition of India's National Newspaper
Thursday, Aug 14, 2003

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Explain steps taken to send back Pak. prisoners, SC tells Centre

By J. Venkatesan

NEW DELHI Aug. 13. The Supreme Court today directed the Centre to produce the records indicating the steps taken by the Government to expatriate or expel five "security prisoners" to Pakistan as they were languishing in jails after completion of their sentence.

A Bench comprising Justice Ruma Pal and Justice P. Venkatarama Reddi also directed the Centre to produce records, if any, pertaining to nine another Pakistani prisoners whose names did not figure in the records so far placed.

The direction was given by the Bench while treating a letter from two of the prisoners about the plight of Pakistani nationals languishing in prisons for over nine years though they had completed their sentence.

The letter also said that they had been detained arbitrarily without any reason.

During the last occasion, the Jammu and Kashmir Government had submitted to the court that three Pakistanis were arrested while crossing the Line of Control (LoC) during 1994-95 and were charged under various provisions of TADA and the J&K Public Safety Act.

But today, it came to light that 14 such prisoners were languishing in jails in Rajasthan and elsewhere, including five for whom records or correspondence between the two countries were made available by the Government.

Appearing for the Union Government, the Additional Solicitor-General, Altaf Ahmed, said that India had approached the authorities in Pakistan to take back their nationals who had served their sentence but the latter had taken back only two of the prisoners.

Mr. Ahmed said that even in respect of these two prisoners, they could be sent to Pakistan only in exchange for Indian prisoners languishing there.

He said so far no proper, credible and acceptable method of exchange of prisoners had been worked out between the two countries.

The Bench observed that the rights of aliens could not be sacrificed at the altar of the hostility between the two countries. "Amidst clash of arms, the law is not silent," it added.

When the Bench asked whether Pakistani prisoners were being kept here as a lever for Indians held in Pakistan, Mr. Ahmed replied in the affirmative and said "there is no other way of securing the release of Indian prisoners in Pakistan".

"What happens when refugees are pushed across the borders," the Bench asked.

Mr. Ahmed said, "We cannot push them (prisoners) across the border and expose them to the danger of facing the firing squad in that country as they are not wanted there."

Amicus curiae, K. Parasaran said expulsion did not mean "you throw them out and subject them to torture in another country. They can be sent across provided there is no jeopardy to their life".

He suggested that those prisoners who had served their sentence could be taken out of jail and kept in separate camps till the two nations reached an agreement on the mode of exchange.

The Bench adjourned the matter to August 21.

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