Last year, when tension between India and Pakistan was at its peak following the terror attacks at the Pathankot airbase and at an Army camp in Uri, India repatriated 10 Pakistani prisoners, according to information obtained under the Right to Information Act.
The repatriation of Pakistani prisoners who have completed their sentence is not unusual and has been in practice since 2008 when the two countries signed a joint agreement. Since May 2014, when the NDA government came to power, 80 Pakistani prisoners have been deported.
Last year, the BJP attacked the Congress as it was in power when Jaish-e-Mohammad terrorist Shahid Latif was freed in 2010. After his release, Latif went on to plan the Pathankot terror attack on January 2 last year. He was arrested in 1994 in Jammu and Kashmir for an attack on the Hazratbal shrine and was repatriated to Pakistan after he completed his jail sentence. “During 2016, 10 Pakistani prisoners were repatriated to Pakistan. The Pakistani prisoners were arrested under the Official Secret Act, the Foreigners Act and the Arms Act,” said a reply by the Home Ministry to an RTI request filed by The Hindu .
The reply also said that as on January 1, 287 Pakistanis were lodged in jails across India. “Whenever a Pakistani prisoner completes sentence, he can be sent back if Pakistan confirms that the prisoner is their citizen. There have been instances when Pakistan has refused to own up its people. The repatriations were possible only because India could prove their nationality,” said a Home Ministry official.
Judicial committee
In 2008, India and Pakistan had set up a Judicial Committee on Prisoners. Four retired judges from both the countries were appointed and the mandate of the committee was to seek early repatriation of those prisoners in the respective countries who have completed their prison sentences and also to ensure humane treatment to all the prisoners.