Supreme Court Issues Notice To Centre In Plea Seeking Repatriation Of An Indian Army Captain From Pakistan's Jail

During the hearing today before a three-Judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian, Advocate Saurabh Mishra appeared for the petitioner.

While issuing notice, the Bench also asked Advocate Saurabh Mishra to see if it was possible to provide the Court with a list, as they have been informed that there are more than one person who are similarly situated. The petitioner's Counsel agreed to make a list as asked by the Court.

According to the petitioner, her son, an Indian Army officer has been languishing in some unknown jail of Pakistan for past 23 years 9 months despite any FIR registered against him,but no appropriate action has been taken for his release by the government .

The petitioner on behalf of her son is seeking appropriate directions to the government for taking immediate steps for his search and release from the jail of Pakistan from an Indian Army officer has been languishing in some unknown jail of Pakistan, but no appropriate action has been taken for his release by the respondent. Therefore, it is reiterated that this has resulted in the gross vio

The petitioner is also seeking government's intervention through diplomatic channel of External Affairs Ministry, and a representation of the Govt. of India in this matter and seek their necessary action for the release of petitioner's son. through diplomatic channel of External Affairs Ministry and intervene in his case on an urgent humanitarian basis.

According to the petitioner, her son in the span of past twenty three years has not been given any opportunity to state his case before the appropriate authority or allowed to communicate with his family members. He has been deprived of the basic right to freedom of speech and expressions under Article 19 of the Constitution. Therefore her son's fundamental right under Article 20 and 22 has been violated on the account of being illegally detained in the jail of Pakistan, especially in the absence of any case registered against him.

It has been stated in the plea that petitioner's son i.e. Capt. Sanjit Bhattacharjee during his duty hours on the day of 19 April 1997, went out for patrolling with other members at the night time on a joint border in the Rann of Kutch Gujarat and Pakistan. However on the next day, i.e. 20 April, 1997, only fifteen (15) of platoon members had returned without the petitioner's son and another platoon member, Lance Naik Ram Bahadur Thapa. It was determined that both the petitioner's son and the other person had gone missing in suspicious circumstances at the time of patrolling.

The petitioner has submitted that it is the abundant duty of the government of India to safeguard the right to life of every citizen of India including that of the petitioner's son and ensure the guarantee of fundamental rights and take appropriate measures for his early release.

The petition has been filed by Advocate Saurabh Mishra on behalf of the petitioners.