Plea By Mother Of Indian Army Officer Seeking Her Son's Release From Pakistan Jail: Supreme Court Agrees To Hear In April

The Supreme Court on Friday agreed to hear in April a writ petition filed by the mother of an Indian Army officer seeking her son's release from Pakistan's Central Jail.

The petitioner has sought Government's intervention on an urgent humanitarian basis, through diplomatic channel of External Affairs Ministry and intervene in his case.

A Bench comprising CJI Ramana, Justice AS Bopanna and Justice Hima Kohli agreed to list the matter in first week of April, after urgent listing of the matter was sought by Advocate Saurabh Mishra, appearing for the petitioner.

In March last year, a Bench headed by the then Chief Justice of India SA Bobde had issued notice to the Centre in the present case.

While issuing notice, the Bench had 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.

The petitioner mother has sought directions to the Government to take immediate and necessary steps regarding the repatriation and release of the her son Capt. Sanjit Bhattacharjee from the Lahore Kot Lakhapat, Central Jail, Pakistan, through diplomatic channel of Ministry of External Affairs, New Delhi

The petitioner has sought directions to the Government to intervene into the her son case on an urgent humanitarian basis.

According to the petitioner, her son is an Indian Army officer and has been languishing in some unknown jail of Pakistan, but no appropriate action has been taken for his release by the Government. Therefore, it has resulted in the gross violation of the fundamental rights of the Petitioner's son guaranteed by the Constitution.

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.

The Petitioner through her petition is demanding a representation of the Government of India in this matter and is seeking their necessary action for her son's release.

According to the petitioner, it is pertinent for the Government to take instantaneous steps in this matter because already twenty-three years have passed since the her son has been languishing in the jail of Pakistan without any fault.

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.

Case Title: Smt. Kamla Bhattacharjee vs Union of India & Ors, WP (Crl) 104/2021

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