Humanitarian appeal: Indian judge calls for releasing Pakistani

Dr Khalil Chishty, 80, is languishing in Ajmer jail; pursuing case for the last 18 years.

KARACHI:

Disturbed by reports of an 80-year-old Pakistani national languishing in the Ajmer jail in Rajasthan, Justice Markandey Katju of the Supreme Court of India has appealed to the Indian prime minister to release him on humanitarian grounds, The Hindu reported on Saturday.

In an email sent to Dr Manmohan Singh, Justice Katju said he was making this appeal on humanitarian grounds, for the release of Dr Khalil Chishty, who is old and infirm, under Article 72 of the Indian Constitution.

In an unprecedented step earlier this year, Justice Katju, who was heading a bench, passed an order on a writ petition requesting Pakistani authorities to consider the appeal of Indian prisoner Gopal Dass and release him on humanitarian grounds by remitting his jail term. The Pakistan government responded and released Dass.

Family dispute

Justice Katju, in his letter, drew the prime minister’s attention to the fact that Dr Chishty was an eminent Professor of Virology in the Karachi Medical College, and that he holds a PhD from the Edinburgh University. In 1992, he visited Ajmer to meet his ailing mother. There was a dispute between his family in Ajmer and its collaterals, and in the violence that ensued one person was killed. Among others, Dr Chishty was also implicated.

Appeal still pending

The criminal case was kept pending for 18 years, during which period Dr Chishty was granted bail but with a stringent condition that he should not leave Ajmer, among other conditions.

In 2010, the accused, including Dr Chishty, were convicted under Section 302 of the Indian Penal Code and given life sentences. His appeal before the Rajasthan High Court was still pending, but his bail application had been rejected.

Justice Katju said: “One does not know when the appeal will be heard and in the meantime Dr Chishty may die in jail since he is so old that he has to be physically carried. It will be a disgrace for our country if he dies in jail.”

BJP opposes move

The move by the judge did not appear to go down well with the main opposition party Bharatiya Janata Party (BJP) which found as “odd” the appeal to free 80-year-old Chishty, a murder convict.

Published in The Express Tribune, June 19th, 2011.

Correction: June 18, 2011

This story earlier read that orders had been issued for Dr Chishti's release. The correct story is that appeals have been made for his release. The error is regretted.