Indian SC allows Dr Khalil Chishty to return to Pakistan
Chishty had earlier filed an application in the court, seeking that he be permitted to go to Pakistan. The court had asked the Indian government to respond by May 7, indicating it was serious about moving quickly on the matter.
He was visiting his mother in Ajmer in 1992 when he got embroiled into a family feud that led to one his neighbours being shot dead. He has been in Ajmer since, living at his ancestral home during the 18-year trial before being jailed following his conviction in January last year.
Chishty was recently released from the Ajmer Jail in Rajasthan, after being sentenced to a life term in a murder case of 1992. He was set free on April 9 following a direction from the Indian Supreme Court.
The Chishty case was discussed between the authorities of the two countries during President Asif Ali Zardari’s visit to India.
Below is the text of Indian Supreme Court's verdict:
The applicant/appellant has filed the above application seeking permission to travel to Pakistan during the pendency of the above appeal. In support of the above application, he highlighted about his present age, namely, 80 years, 20 years' of his stay at Ajmer and his academic qualifications, namely Ph.D. from University of Edinburgh, Scotland in 1968 in Public Health Virology, noted academician/scholar of international repute. After narrating all these details, the applicant has also assured this Court that he is ready and willing to abide by the conditions which this Court may deem fit and proper for allowing him to visit his country.
Taking note of all these aspects particularly his age and academic qualification and this Court has already granted bail and his present stay at Ajmer, we intend to consider his application.
Inasmuch as we have posted the appeal for final disposal on 20th November, 2012, we permit him to visit his country, namely, Pakistan and return back to India positively by 1st November, 2012. As soon as he reaches his native country he has to surrender his passport with the Indian High Commission, Islamabad.
Apart from the above condition, the applicant/appellant or his nominee has to deposit an amount of Rs. 5 lakhs (Rupees Five Lakh) as security with the Registry of this Court within a period of two weeks from today. On fulfilling the above condition, the applicant/appellant is permitted to leave India and visit his home country.
In view of our present order permitting the applicant to visit his country we direct the trial judge to return passport and other documents, if any, to the appellant. For this applicant is permitted to file a formal application enclosing copy of this order. The trial judge is permitted to take a zerox copy of the passport and keep the same for his file.
It is made clear that we have granted permission taking note of special and peculiar circumstances and it cannot be cited as a precedent.
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@Truthbetold: "I don’t think there is any doubt in his murder case. If the case was weak, Chishty could have appealed the decision, which he did not do."
Which is exactly what he did, based on which the SC of India granted him bail. Bail is only provided when a legal matter is pending. Then allowed to travel to Pakistan. The SC will start hearing the appeal on the 20th of November 2012, hence Dr. Chishty is required to return back to India.Here is part of the SC judgement:
"Inasmuch as we have posted the appeal for final disposal on 20th November, 2012, we permit him to visit his country, namely, Pakistan and return back to India positively by 1st November, 2012. As soon as he reaches his native country he has to surrender his passport with the Indian High Commission, Islamabad."
@ Mirza Man, you rock. I have read many of your comments and have found them to be most balanced - need more ppl like you on both sides of the border.
Regards, AA
Indian judiciary so far has been quite fair in its judgements and not influenced by political bigwigs or military and militants as in the case of Pakistan. Pakistan's judiciary should take a cue from its Indian counterparts which will uplift its image in the eyes of the world besides rendering a great service to their countrymen.
The trial judge is permitted to take a zerox copy of the passport and keep the same for his file. Since when "Zerox" is a word of English language?
@YA: I agree with you. I am only appreciating the speed with which the SC has moved in this case at an imp stage. Regards, Mirza
Sorry to say but it's very hard to find any Muslim thinking independent of religion. Does everything in this world through prism of religion. May be its because there is no Muslim in science and tech who can inspire other Muslims. Only one left for 1+ billion is Allah. Imaginary power and devil same as Christ or Ram
@YA:
"There is plenty of doubt in his murder case, this is the reason the supreme court is entertaining the petition."
I don't think there is any doubt in his murder case. If the case was weak, Chishty could have appealed the decision, which he did not do.
20 years and yet case is not finalized. Indian investigation agencies and Judiciary are no different.
@G. Din: The Honorable SC of India has been gracious in their judgement... Dr. Chishty's reputation and character has been the main reason why he is allowed to go to Pakistan temporarily. His goal at this point is to vindicate himself, represent his country with honor and resolve. He has a strong case, an amazing legal team and an unbiased bench, so let there be no doubt, he will be in India end of October, determined to clear his name, ready to face whatever is thrown his way as he has done for the last 20 years ......
@Mirza: There is plenty of doubt in his murder case, this is the reason the supreme court is entertaining the petition. He has maintained his innocence for 20 years and will return to India to vindicate himself.
SC accepts petitions on legal merit not humanitarian grounds.... Kudos to the Honorable Indian Supreme court for their gracious judgement....
This news item has not been reported in full and does not give all the details of the interim judgement. This is a permission for him to visit Pakistan and then return for further hearings in the matter. He has been asked to surrender his passport to the Indian High Commission on arrival in Pakistan and to post a surety in India. Although, I personally believe that the old gentleman should have been let go without any conditions, I am not going to second guess the Supreme Court of India in matters which are legal. The surety is to address the issue of absence of any treaty between the two countries in surrendering prisoners (he is still a prisoner, until fully acquitted). A leap of faith has been taken. Let us see how Pakistan responds to it. I am bringing attention to these missing details of judgement in the above report in the interest of avoiding misunderstandings in the future when every one will throw up hands and point to India as a villain in the matter.
There may be many cases pending similar to Dr. Chishty in Pakistan as well as in India.
While the two countries are talking to increase bilateral trade, I wonder if both the governments would also look into similar cases and release all those prisoners as a matter of good will and gesture who have complete "life term".
After coming back home, Dr. Chishty will find that a lot of change has happened in the country in every sphere of life.
Totally agree... Dair Aey Durust Aey... Friendship and Normal relationships between India and Pakistan is not only in the better interest of these two countries or region but also for the whole world..
The Indian SC has been working to strengthen its elected govt's policy of friendship with Pakistan. It proves that the institutions are on the same page in India and not bent upon destruction. The SC in India is never going to devote itself to neutralize people's verdict and election results. Thanks for being fair and letting this old man "serve" his reamining time in Pakistan. There should not be any doubt that he has murdered a human and is no angel.
came late, but came right.
Alhumdulillahi Rabbil Alameen! :-)
Blessed are the peacemakers!.. Good work Indian Judiciary. Pakistan needs to focus on releasing those Indian prisoners who have served their sentences, have been in jails and nothing got proven against them or are old and should be pardoned on humanitarian grounds.
Prophet Muhammad (PBUH) set free the war prisoners even, why can't we free the Indian Civilians in our jails?
"Better late than never." Thank you India, a patriot Pakistani's respect for you has doubled today. I believe this is how Aman Ki Asha will achieve it's objectives. Peace =)