Awaiting Clearance From Pakistan Govt Regarding Identity Of 24 Prisoners For Repatriation: Centre To Punjab & Haryana High Court

The Union Government has informed the Punjab & Haryana High Court that it is awaiting clearance from the Pakistan Government regarding identity of 24 prisoners for repatriation to their homeland, as they are allegedly languishing in jails despite acquittal.

Earlier, it was submitted by the Centre that the repatriation of 6 Pakistani civil prisoners out of 30, is likely to take place on July 26 and regarding the remaining 24 prisoners, the same is under active consideration of the Ministry and all the stakeholders.

ASG Satya Pal Jain submitted before the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal that "...six prisoners as mentioned in order dated 11.07.2024 have been released and Govt. of India is awaiting clearance from the Pakistan Govt. as regards identity of remaining 24 prisoners."

In the previous proceeding, the High Court observed that the Union Government is "still dragging its feet over the sensitive issue of repatriating" the Pakistani prisoners who are in custody despite completion of their sentences. The Court also warned the central government to impose an exemplary cost on it if the action is not taken by the next hearing.

Background

The development came after two juveniles from Pakistan languishing in Juvenile Homes submitted before Justice N.S. Shekhawat, who is also an administrative judge of Faridkot Sessions Divisions that they were detained even after they were acquitted in April 2023 and their case for repatriation is pending before the Department of Directorate of Social Security and Woman and Child Development, Punjab.

In 2022, two Pakistani citizens were booked under Section 3 of the Passport Act 1920 and Section 14 of the Foreigners Act 1946 in Punjab's Taran Taran for allegedly crossing the international border of India and Pakistan and have been confined in the Juvenile Observation home since then.

However, the Juvenile Board ruled that there was no fencing between one border pillar to another border pillar. "Chances of mistakenly entered into the territory of India in foggy days, can also be not ruled out and it can also be not ruled out that due to non-wiring or gate at the spot, juveniles...could not made out the difference of territory of two nations," it had observed while acquitting the duo.

The two juveniles wrote to Justice Shekhawat about their plight of being confined in the observation home despite acquittal in the trial, as their case for repatriation is pending.

Considering the submissions the matter was referred to the Acting Chief Justice for appropriate orders.

In a previous hearing, the Punjab Government submitted that the two juveniles had been repatriated to Pakistan. However, another Pakistani juvenile was found to be in custody despite acquittal.

The matter is listed for November 25, for further consideration.

Mr. Nitin Mitto, Advocate for the applicant in CM Nos.3820-CWP-2024 and 3822-CWP-2024 (through V.C.).

Mr. A.D.S. Sukhija, Addl. A.G., Punjab with Mr. Salil Sabhlok, Sr. DAG, Punjab.

Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Dheeraj Jain, Sr. Panel Counsel for UOI.

Title: Court on its own motion v. State of Punjab & others

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