CJ says issue may be raised with Indian team due in Pakistan next week. PHOTO: AFP/FILE
The Supreme Court on Friday urged Indian authorities to release on humanitarian grounds dozens of Pakistani fishermen languishing in Indian jails. The court also referred to the Indian Supreme Court’s 2010 judgment, in which Pakistani authorities were urged to release Indian fishermen on humanitarian grounds.
A three-judge bench – headed by Chief Justice Tassaduq Hussian Jillani – was hearing a joint petition, filed by the Pakistan Fisher-folk Forum (PFF) and the Pakistan Institute of Labour Education and Research (PILER), through Raheel Kamran Sheikh advocate.
The chief justice observed the issue of release of Pakistani fisherman might be taken up with the members of an Indian delegation which is likely to visit Pakistan next week to attend the International Judicial Conference.
Earlier, the petitioners drew the court’s attention to the imprisonment of Pakistani fishermen in Indian jails for allegedly breaching the international maritime border and entering Indian waters.
“[We] crave gracious indulgence of this august court for redress against the blatant negligence and inaction on the part of the respondents to seek the release and repatriation of the Pakistani citizens languishing in Indian jails since as far back as 1993,” the petitioners said.
They contended that pollution was gradually lowering the water levels while with the entry of big companies and foreign fishing vessels into common waters, the traditional fisher people had to venture out into deeper waters for a better catch.
“However, due to limitations in navigational technology and difficulty in discerning the maritime border, many fisher people often accidentally venture out into Indian waters and are arrested and detained by the Indian Coast Guards,” they added.
According to a data chart prepared by the federal government and information provided by the Pakistani fishermen released from Indian jails, 226 Pakistani fishermen are currently detained in Indian jails, some of them since 1993, and with most having completed their sentences, the petitioners stated.
“Furthermore, the whereabouts of 66 fishermen, which include minors, are as yet unknown and no efforts have been made by the respondents (government) to obtain information for clarification or confirmation of whether the missing fishermen are in the custody of Indian authorities.”
During the hearing, one law officer submitted a report on behalf of the interior ministry, saying that Pakistan had released 471 Indian prisoners but in return New Delhi had freed only 66 Pakistanis.
The hearing of the case is adjourned till first week of May.
An Indian Supreme Court bench – comprising Justice Markandey Katju and Justice R M Lodha – on March 8, 2010 had also urged the Pakistani authorities to release Indian fishermen.
Published in The Express Tribune, April 12th, 2014.
COMMENTS (5)
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The perception of corruption and lack of professionalism in Pakistan justice system is one of the major reasons for Pakistan's poor condition ... suggest the SC start with putting it's own house in order before trying to play the roll of executive branch/foreign minister.
If ever there was a deserving case for the poor and innocent.......its the case of the fisherman.
after election only the matter may be considered. Presently , releasing Pakistani fishermen will be against election rules. Common men believe that fishermen do commit mistakes unknowingly by entering the other country's maritime area and should be released after due process. For this the government has to make request.
Too busy in elections. Come after five years completion of modi term.