New Delhi: The Supreme Court today directed
the Centre to deport within two months all Pakistani prisoners
who have completed their sentences after being arrested under
the Public Safety Act of Jammu and Kashmir.
A Bench comprising Justices Markandey Katju and R M
Lodha, which passed the direction, disapproved of the
submission of the Centre that these prisoners could be
released only in return for an equal number of Indian
prisoners languishing in jails in Pakistan.
"Relief under Article 21 of the Constitution of India
is available to every person irrespective of his nationality.
This provision in the Indian Constitution can not be allowed
to be diluted," the Bench said.
The court was hearing a petition filed by Bhim Singh,
leader of the Jammu and Kashmir Panthers Party, seeking
release of 124 Pakistani nationals detained in different jails
of the country.
"This court is the custodian of the civil rights of every
person, Indian or foreigner, under Article 21 and no person
shall be deprived of his life or liberty without the
procedure established by law," the Bench said.
"How can the government keep them in detention in
violation of the fundamental rights of a person for years
together without resorting to the procedure of law?" it said.
The apex court also perused the affidavit filed by the
Centre in which it said 22 prisoners who have completed their
sentences, were detained in different jails across the
country.
-PTI
First Published: Monday, March 08, 2010, 20:15