NEW DELHI, Oct 16:
Expressing deep anguish over the fate of an alleged Iranian national, languishing in Indian jails for past 15 years even after serving his sentence, the Supreme Court today asked the Union Government to apprise it of his latest position.
A bench of justices R M Lodha and A R Dave asked the Centre to file an affidavit, explaining the latest position of Iranian Abdul Shareef after Additional Solicitor General P P Malhotra told the court that even though the Centre had taken up his case with Iranian embassy over 10 months ago, there was no response from the latter.
Shareef had been arrested for straying into the country without a valid passport and had completed his sentence on July 17, 1997, but could not be repatriated. He was believed to be a Pakistani national earlier, but the Pakistan government had disowned him, saying he was an Iranian national.
“In our view, this continued detention even in detention centre when he has served the sentence way back on July 17, 1997, is not only improper but highly deplorable.
“All steps must be taken by the concerned authorities in getting his nationality established, so that he can be repatriated without any delay.
“We expect the Ministry of Home Affairs and the Ministry of External Affairs to take all necessary steps to establish the nationality of Abdul Shareef without any further delay. It should be done with a human touch. This is a very sad matter,” said Justice Lodha, who headed the bench.
The court was hearing a PIL filed by J&K Panthers Party leader Bhim Singh seeking its directions to the Centre for release of Pakistani prisoners lodged in various jails across the country.
In its status report to the apex court, the Centre had said that 269 persons, lodged in various jails, are said to be of Pakistani origin. This excludes 43 fishermen whose nationality have not yet been confirmed.
During the arguments, Bhim Singh, however, disputed the Centre’s claim and insisted that the government did not exchange any correspondence either with the Pakistan or Iran on the issue.
The apex court also discharged M S Dilshad, Additional Secretary, Home, J&K, after the woman officer tendered an unconditional apology for submitting a wrong information to the court to claim that a Pakistani prisoner Sikander Azam’s term would conclude only in May 2013, despite the fact that his term had already concluded 13 months ago.
During the hearing, the apex court told the Centre that it would not only protect the life and liberty of Indian citizens but also foreign nationals.
“We can’t determine their nationality whether they are Pakistanis or Iranians. We can’t decide by seeing their face.
“For us liberty is very important not only of Indian citizens but to all. We are concerned about every human being’s liberty.
“As a protector of the Constitution, will this court allow this? He can’t remain in jail even for a minute after he has served the sentence. On constitutional principles, how can this happen?,” the bench asked the ASG.
The apex court chided the government for failing to take firm measures to deal with the cases of foreign prisoners who had already served their sentence and were waiting for repatriation.
“Unless nationality is established no repatriation can take place. They have to be sent to the nation they actually belong to.
“Things are not moving in the right direction. It is only because of court’s intervention that things are moving. Once we close the case, prisoners will be left languishing in jail. Authorities entrusted with the task must act swiftly,” the bench observed.
The bench also disagreed with the ASG’s views that persons like Abdul Shareef cannot be allowed to mingle with the general public even after serving his sentence.
“If he can’t mingle with citizens, how can he be allowed to intermingle with hardened criminals? You can’t throw Article 21 to the winds.
“If we are able to save even one life, our job is done. For us life and liberty is more precious,” the bench said.
The Centre informed the court that out of 29 prisoners, the Pakistan Government has confirmed the nationality of the four and they have been repatriated.
The Centre told the court that the Pakistani government, however, has not confirmed the nationality of remaining 25 prisoners despite repeated communications.
The court said in those cases where the nationality of prisoners are established, the authorities “shall” take steps for their repatriation within three weeks from the date of receipt of communication confirming their nationality.
The bench also recorded the assurance of the J&K government that it shall expedite the process of repatriation of those prisoners in regard to whom it has decided not to appeal against their acquittal. (PTI)
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