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Pak. prisoners cannot be used as levers for bargaining: A-G

By J. Venkatesan

New Delhi Aug. 24. The Attorney-General, Soli Sorabjee, has told the Government that Pakistani prisoners who had served their sentences in India and regarded as "security prisoners" could not be used as hostages or used as levers for bargaining.

In his opinion given to the Union Home Secretary, N. Gopalaswami, the Attorney-General said: "it appears that Pakistan is not acceding to the Government of India's request for release of Indian prisoners as per its requirement and therefore the GOI is not releasing the Pakistani prisoners".

The A-G said: "such a stand is legally untenable apart from the adverse repercussions it will have on the image of our country internationally". He was of the view that "if Pakistan adopts a policy which is unconstitutional and uncivilised, we need not stoop to their level."

The Supreme Court had given time till September 2 to the Centre to pass appropriate orders in respect of such of those Pakistani prisoners who had served their sentence but continued to be detained here.

"The court is not concerned about the acts of commission or omission of another foreign government and the Government of India has to act in accordance with the provisions of the Constitution and the law irrespective of the behaviour of the Pakistani Government. It needs to be emphasised that the Pakistani detainees are not prisoners of war but security prisoners who have served out their sentences years back," Mr. Sorabjee said.

He said the best course would be to pass an order of expulsion/deportation under Sec. 3 (2) (c) of the Foreigners Act as the court had observed that "it would be best to have these undesirable elements expelled from the country".

Such an order would be incapable of any legal challenge because the prisoners themselves had prayed for their deportation.

Referring to the difficulty pointed out by the officials that taking these prisoners to the border would result in some complications and Pakistani forces might not accept them, he said "this actually does not seem to be realistic because Pakistan is willing to accept some of these prisoners". Considering the fact that the course of action to be adopted by the Government had not only legal implications but also international repercussions, he has suggested a meeting with the Home Secretary and the Deputy Prime Minister, and if it was not convenient, a meeting with the Home Secretary on Monday.

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