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Supreme Court asks Centre and J & K to file status report on PoK prisoners

New Delhi: The Supreme Court on Friday asked the Centre and the Jammu and Kashmir government to file status reports on the detenus from Pakistan occupied Kashmir (PoK) and Pakistan languishing in jails in India for several years.

A Bench of Justice B.N. Agrawal and Justice P.P. Naolekar passed this order on a petition filed by the State Legal Aid Committee, through its Chairman, Bhim Singh seeking release of the detenus overstaying in jails after completion of their sentence.

The petitioner submitted that most of the detenus had been under continuous detentions for over 12 years.

They had completed the period of their sentences passed by the TADA courts in Jammu and Kashmir. He said that every person whether a citizen or non citizen of India was protected under the provisions of Article 21 (right to life and liberty) of the Constitution.

Further no person could be detained for more than two years under the Jammu and Kashmir Public Safety Act, 1978. While so the continuous detention was against the law and the Constitution as well as a violation of the human rights.

The petitioner sought a direction for the immediate release of the detenus and to deport them to their country.

Referring to the counter affidavit filed by the Jammu and Kashmir government admitting the detention of at least 52 persons, including many young boys who had crossed over inadvertently, he said that in many cases deportation had been recommended but the Centre had not acted upon such recommendations.

In light of this submission the Bench asked the Centre and the State government to give details of the detenus and their status in a tabular form indicating the nature of offence, conviction and whether deportation had been ordered or not.

The bench directed listing of the matter for further hearing on September 17.

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