New Delhi, September 2 : The Supreme Court today asked the Centre to furnish a fresh status report on prisoners from Pakistan and Pak-Occupied Kashmir (POK) lodged in Indian jails and detention centres, who have either served their sentence or are not wanted under any law.
A bench of Justices J Chelameswar and A M Sapre said it was a long pending matter and it will dispose it of after examining the issue of how these prisoners can be deported back to their country.
The apex court asked the senior advocate and Jammu and Kashmir National Panthers Party (JKNPP) chief Bhim Singh and advocate A K Sanghi, appearing for the government, to come prepared by the next date of hearing on Tuesday on the point as how these prisoners, who have served their sentences and are not wanted under any law, can be deported. Sanghi said filed five reports have been filed till now in the apex court with regard to the prisoners and, the last affidavit filed in April has said that 254 Pakistani prisoners and 17 fishermen were lodged in jails and detention centres.
Of these 254 prisoners, a total of 59 persons cannot be repatriated as their nationality has not been confirmed by the Government of Pakistan, he said. Sanghi said the release of these 59 persons from detention centres will not be advisable in the interest of national security and they were kept at appropriate places with restricted movement, pending their repatriation.
The JKNPP leader said the detention of these Pakistani and POK prisoners in different centres and jails after they have served the sentence was violative of Article 21 of the Constitution and against the law of the land.
“59 prisoners whose sentence is over and no case is pending against them are detained in jails for past 10 years,” Singh said.
Sanghi said these prisoners were kept in detention centres following an earlier order of the apex court.
He said once their nationality is ascertained, they will be deported back to their country as they cannot be allowed to stay here and be a threat to the society.
