The Hindu : SC notice to AG on Pak. prisoners

Online edition of India's National Newspaper
Wednesday, Aug 20, 2003

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SC notice to AG on Pak. prisoners

By Our Legal Correspondent

NEW DELHI Aug. 19. The Supreme Court today issued notice to the Attorney-General, Soli Sorabjee, asking him to find out under which provision of law 11 Pakistanis were continued to be detained here even after they had completed their sentence.

A Bench, comprising Justice M.B. Shah and Justice A.R. Lakshmanan, passed the order after counsel for the Jammu and Kashmir Government submitted that 11 Pakistanis, including three from the Pakistan occupied Kashmir (PoK), were lodged in various prisons following their detention under the Public Safety Act.

The Bench said: "considering the peculiar situation of persons detained from 1993 onwards, some of whom are alleged to be residents of PoK, and the statement made on July 22, 2001, by the Senior Superintendent of Police and the vague replies filed by the respondents, notice be issued to the Attorney-General to assist the court and to find out under which provision of law the petitioners are kept in the prison.''

The Bench passed the order while hearing a batch of habeas corpus petitions filed by the prisoners, alleging that the Pakistanis had been illegally detained though they had served the term of the sentence. It may be recalled that another Bench, comprising Justice Ruma Pal and Justice P. Venkatarama Reddi, had, on August 13, directed the Centre to furnish within a week details of the steps taken by it for repatriation of five Pakistanis kept as "security prisoners'' even after they had served their sentence. This matter comes up for hearing on August 21.

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