Ahmedabad: In a landmark judgement, the Gujarat High Court requested Pakistani authorities to release, on humanitarian grounds, an alleged Indian spy, who has been serving prison term for the past 18 years.
The court also asked the Indian government to take up the issue with the neighbouring country.
"We request the Pakistani authorities to consider the appeal of the petitioner - the heir of deceased and widowed mother of the person in Pakistani prison for remitting the remaining period of sentence and release him (as well as other similar Indian prisoners) in the same spirit," the court said in its order passed yesterday.
The High Court has acted upon the plea moved by an alleged spy Kuldeep Yadav`s mother seeking release of her son.
Ahmedabad-based Yadav had been arrested on June 22,1994 during his 13th trip to Pakistan and was charged with spying and awarded a 25-year sentence by a court in Pakistan. Yadav is currently lodged in Kot-Lakhpat jail of Lahore in Pakistan.
The petition was moved in year 2007 by Yadav`s mother, but as she died in 2011, her fight was taken ahead by Kuldeep Yadav`s sister Rekha and brother Dilip.
The two-judge bench of Justice Ravi Tripathi and Justice Mohinder Pal relied on the judgment of the Supreme Court in a similar case of 2011.
While referring the judgment in the case of Gopal Das through his brother Anand versus Union of India, the High Court asked Indian authorities to take up this issue with their Pakistani counterparts.
"This court is having full faith and hope in the authorities that they are pursuing the matter with their counterparts in Pakistan and court is hopeful that their efforts will bear fruits at the earliest," the order said.
In the case of Gopal Das, the apex court had similarly requested Pakistani authorities to release the Indian prisoner and also ordered the Ministry of External Affairs to take up the issue.
The Gujarat High Court order will be communicated to the Pakistan High Commissioner in India with a request to communicate it to the concerned Pakistan authorities.
Earlier in 2007, the High Court had ordered the Ministry of External Affairs, Union Home Ministry and the Ministry of Defence to award an interim compensation of Rs 5 lakh to Kuldeep Yadav`s family.
Expressing relief over the High Court order, Kuldeep`s brother Dilip Yadav told PTI, "I wish the authorities of both the countries will take the issue on the humanitarian grounds."
"I wish the Pakistan authority will grant remission and release my brother at the earliest," he said.
Dilip also said he had no idea that his brother was a spy until he sent a letter in 1997 and said that he worked for the intelligence agencies.
