'Can We Issue Directions To Pakistan?' : Supreme Court Rejects Plea Regarding Indian Fisherman Arrested In Pakistan

A Division Bench of the Supreme Court, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia heard a public interest litigation pertaining to petition seeking revival of a joint judicial committee between India and Pakistan to resolve disputes between the two countries concerning fishermen who are arrested while violating territorial waters.

At the commencement of the hearing, Justice Kaul remarked: “What do you want”.

Thereafter, Counsel referred to the document which showed constitution of the judicial committee by four judges of India by higher judiciary and four judges of Pakistan by higher judiciary.

Justice Kaul pointed out that the same was in the year 2008 and “what is the relationship with the countries today.?”

He further told the Counsel that “These are government issues” and relief cannot be sought under Article 32 of the Indian Constitution. “Political matters must be sought out politically.”

At this, Counsel argued, “Under the committee 800 fishermen on both sides were released. What is happening is they are being arrested”.

Counsel persisted that the judicial committee is already in existence and requested for the revival of the same. He also apprised the Bench about a similar request made in the High Commissioner’s Office in the year 2016

However, Justice Kaul retorted “We are not going to get into this” and categorically stated that “this cannot be determined under 32 petition”

Counsel also averred that fishermen are languishing in Pakistan jail however, Justice Kaul stated “ So, can we issue directions to Pakistan to release them?” and thus, he Bench refused to entertain the PIL.

Case Title: Veljibhai Masani and ors vs Union of India and ors., W.P.(C) No. 840/2023

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