ahlam1399
10-05-2016, 04:22 AM
ISLAMABAD: The Supreme Court on Tuesday directed the federal government to submit a detailed report regarding the presence of Pakistani fishermen in Indian jails and steps taken so far to provide legal aid and assistance for their release and deportation to Pakistan.
A three-member bench of the apex court, headed by Justice Mian Saqib Nisar, heard identical petitions regarding the presence of Pakistani fishermen in Indian jails.
The Pakistan Fisherfolk Forum (PFF), a civil society organisation and Pakistan Institute of Labour, Education and Research (PILER) had filed petitions in the apex court, praying for directing the respondents to obtain information and confirmation regarding the presence of Pakistani fishermen in Indian jails, details of charges on the prisoners, and court judgments on the sentences awarded to Pakistani fishermen detained in Indian jails.
The petitioners had made Federation through Secretary Ministry of Foreign Affairs, Secretary Ministry of Interior, the High Commission of Pakistan in India through High Commissioner and Pakistan Maritime Security Agency through its Director General as respondents.
Appearing on **tice, Deputy Attorney General Sajid Ilyas Bhatti informed the court that there are different forums, resolving the issue of Pakistani fishermen detained in Indian jails and Indian fishermen detained in Pakistani jails.
He further submitted that an agreement between the two governments was made in 2008 for resolving the issue on humanitarian grounds and dealt in accordance with law. He said that Indo-Pak joint judicial committee is also intact comprising Justice ® Abdul Qadeer Chaudhry, Justice ®Mian Muhammad Ajmal and Justice ® Aslam Zahid from Pakistan while Justice ® AS Gill and Justice ® MA Khan from India who visited various jails in India while the Indian side also visited Pakistan.
He further submitted that with regard to resolving the issue of Indian fishermen, detained in Pakistani jails, there is a Federal Review Board comprising a senior judge of the Supreme Court and two judges from the High Courts.
He informed the court that the board had recently held a meeting on October 1 at Karachi. He said there are Pakistani fishermen detained in Indian jails and Pakistani Foreign Mission in India provide the help to the detainees after coordinating with the Indian authorities.
The court observed that serious measures should be taken to resolve the issue of Pakistani fishermen detained in India Meanwhile, the court directed the federation to submit reply within 15 days, stating the volume of presence of Pakistani fishermen detained in Indian jails and steps taken so far to provide legal aid and assistance for their release and deportation to Pakistan.
In the petitions, counsel Raheel Kamran Sheikh after receiving information from the government of Pakistan and information provided by the Pakistani fishermen released from Indian jails, submitted that 226 Pakistani fishermen are currently detained in Indian jails, some of them since 1993 and with most having completed their sentences.
He had further contended that the whereabouts of 66 fishermen, which include mi**rs, are as yet unk**wn and ** efforts have been made by the respondents to obtain information for clarification or confirmation of whether the missing fishermen are in the custody of Indian authorities.
The counsel for the petitioners, contended that the failure of respondents, the Federation, Secretary Ministry of Interior and the High Commission of Pakistan in India to act against the prolonged detentions of Pakistani fishermen in Indian jails by exchanging information with Indian authorities and expediting their release and repatriation has led to infringement of the fundamental rights embodied in Articles 9, 14, 18 and 24 of the constitution as in**cent Pakistani fishermen are deprived of their right to life and liberty and dignity as they serve prolonged detention beyond the stipulated sentences
It was prayed to issue directions to create a forum, mechanism for information and data sharing regarding Pakistani fishermen detained in Indian jails till such time as the issue of arrests and detention of straying fishermen across the maritime borders is resolved.
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A three-member bench of the apex court, headed by Justice Mian Saqib Nisar, heard identical petitions regarding the presence of Pakistani fishermen in Indian jails.
The Pakistan Fisherfolk Forum (PFF), a civil society organisation and Pakistan Institute of Labour, Education and Research (PILER) had filed petitions in the apex court, praying for directing the respondents to obtain information and confirmation regarding the presence of Pakistani fishermen in Indian jails, details of charges on the prisoners, and court judgments on the sentences awarded to Pakistani fishermen detained in Indian jails.
The petitioners had made Federation through Secretary Ministry of Foreign Affairs, Secretary Ministry of Interior, the High Commission of Pakistan in India through High Commissioner and Pakistan Maritime Security Agency through its Director General as respondents.
Appearing on **tice, Deputy Attorney General Sajid Ilyas Bhatti informed the court that there are different forums, resolving the issue of Pakistani fishermen detained in Indian jails and Indian fishermen detained in Pakistani jails.
He further submitted that an agreement between the two governments was made in 2008 for resolving the issue on humanitarian grounds and dealt in accordance with law. He said that Indo-Pak joint judicial committee is also intact comprising Justice ® Abdul Qadeer Chaudhry, Justice ®Mian Muhammad Ajmal and Justice ® Aslam Zahid from Pakistan while Justice ® AS Gill and Justice ® MA Khan from India who visited various jails in India while the Indian side also visited Pakistan.
He further submitted that with regard to resolving the issue of Indian fishermen, detained in Pakistani jails, there is a Federal Review Board comprising a senior judge of the Supreme Court and two judges from the High Courts.
He informed the court that the board had recently held a meeting on October 1 at Karachi. He said there are Pakistani fishermen detained in Indian jails and Pakistani Foreign Mission in India provide the help to the detainees after coordinating with the Indian authorities.
The court observed that serious measures should be taken to resolve the issue of Pakistani fishermen detained in India Meanwhile, the court directed the federation to submit reply within 15 days, stating the volume of presence of Pakistani fishermen detained in Indian jails and steps taken so far to provide legal aid and assistance for their release and deportation to Pakistan.
In the petitions, counsel Raheel Kamran Sheikh after receiving information from the government of Pakistan and information provided by the Pakistani fishermen released from Indian jails, submitted that 226 Pakistani fishermen are currently detained in Indian jails, some of them since 1993 and with most having completed their sentences.
He had further contended that the whereabouts of 66 fishermen, which include mi**rs, are as yet unk**wn and ** efforts have been made by the respondents to obtain information for clarification or confirmation of whether the missing fishermen are in the custody of Indian authorities.
The counsel for the petitioners, contended that the failure of respondents, the Federation, Secretary Ministry of Interior and the High Commission of Pakistan in India to act against the prolonged detentions of Pakistani fishermen in Indian jails by exchanging information with Indian authorities and expediting their release and repatriation has led to infringement of the fundamental rights embodied in Articles 9, 14, 18 and 24 of the constitution as in**cent Pakistani fishermen are deprived of their right to life and liberty and dignity as they serve prolonged detention beyond the stipulated sentences
It was prayed to issue directions to create a forum, mechanism for information and data sharing regarding Pakistani fishermen detained in Indian jails till such time as the issue of arrests and detention of straying fishermen across the maritime borders is resolved.
http://feeds.feedburner.com/~r/com/cwEr/~4/UdoE6jbOwbY
أكثر... (http://feedproxy.google.com/~r/com/cwEr/~3/UdoE6jbOwbY/155052-SC-seeks-report-on-Pak-fishermen-detained-in-India)