IHC informed: Five Indian convicted of espionage released, repatriated to India

ISLAMABAD: The Ministry of Interior on Wednesday apprised the Islamabad High Court (IHC) that five Indian prisoners, convicted of espionage, were released, and sent back to India.

It was told to a single bench of IHC comprising Chief Justice Athar Minallah who heard the petitions filed by the Indian High Commission for the release of eight Indian nationals convicted by military courts on charges of espionage and terrorism in Pakistan.

During the hearing, the Interior Ministry submitted a report.

Deputy Attorney General (DAG) Tayyab Shah told that five Indian prisoners were released on October 26 after completion of their sentences.

The counsel for the Indian High Commission said three more citizens were in jail despite serving their sentences.

He told that one Indian citizen did not want to return despite serving his sentence but he was deported.

Replying to the question regarding three other prisoners, the DAG stated that he would appraise the court after taking instructions about them.

At this, Justice Minallah said how could you keep them for longer than their sentence?

The DAG Tayyab said that the case of some prisoners was with the review board.

The IHC Chief Justice said if they had completed their sentence then sent them back.

Later, the court deferred the hearing of the case of the three remaining prisoners till November 5th.

In two identical petitions, the Indian High Commission cited Federation of Pakistan through Secretary Interior and Secretary Foreign Affairs as respondents, and requested the court to release the Indian prisoners including Birchu, Bang Kumar, Satish Bhag and Sonu Singh as they have served their sentence.

The petition stated that the condemned prisoners were arrested by Pakistani military authorities and were charged under Section 59 of the Pakistan Army Act, 1954 and provisions of Official Secret Act, 1923.

It added, “It is the case of petitioners that they have not committed any offence and the entire proceedings initiated from the arrest till culmination in the ultimate conviction are an abuse of process of law but for the purpose of instant writ petition it would be a futile exercise to indulge into the legality of conviction and sentence as by now the condemned prisoners have already exhausted their respective period of sentences awarded by the FGCM.”

According to the petition, any person belonging to any country tried by the Pakistani authorities except that this glorious protection of law to their life and liberty would be extended to them as a matter of right and dignity.

It added that the insertion of Article 10(A) in the Constitution of Islamic Republic of Pakistan by way of 18th Amendment has brought the Pakistani constitution to magnanimous heights of individual’s rights and liberties.

The petitioner’s counsel contended, “The detention of condemned prisoners for the time being at the hands of respondents is nothing but illegal, unjustified and against the law and dictums of superior courts of the country.”

It argued that now no reason of legal grounds exists under which the ex-convicts could be kept behind the bars hence the ex-convicts should be released and repatriated back to their country enabling them to meet their families.

Therefore, the counsel prayed before the court that it may direct the respondents to arrange the release of the ex-condemned prisoners from the concerned jails and repatriate them to India in the interest of justice, fair play and equity as the said prisoners have already completed their imprisonment awarded to them and there is no lawful reason to keep them behind the bars.

Copyright Business Recorder, 2020