SC notice to Govt on detention of Pak 1965-war prisoners

New Delhi/Jammu, November 01 (Scoop News)-A Division Bench of the Supreme Court of India comprising JJ. P. Sathasivam and Jasti Chelameswar issued notice to the Union of India and to the Govt. of J&K returnable within four weeks on a writ petition filed by the State Legal Aid Committee headed by Prof. Bhim Singh seeking release of four ‘war-prisoners’ from POK since 1965 who according to the affidavits filed by the relatives of the respective prisoners by the Govt. of J&K. The prisoners have been named as

1). Sakhi Mohd. son of Lal Deen, of District Poonch (POK), 2). Bagga Khan, of Distt. Poonch (POK), 3). Barkat Hussain, son of Syed Mohd. of Distt. Poonch (POK) and 4). Alam Sabbir son of  Bagga, of Distt. Poonch (POK). The relatives of the alleged detenus from POK who were stated to be detained by the authorities in Poonch sector in 1965 when Pakistan made an attempt to attack J&K through paratroopers. Affidavits signed and duly attested by the close-relatives of the ‘detenus’-prisoners of war were duly signed in Pakistan in POK and sent to Prof. Bhim Singh, Sr. Advocate & Executive Chairman, State Legal Aid Committee requesting him to take up their case for their release from 46 years old detention.

Prof. Bhim Singh appeared for the prisoners in response to the request made from Poonch sector of POK by the close-relatives of the said prisoners of war. In his submission, Prof. Bhim Singh submitted that India being the largest democracy in the world has a most unique provision in its Constitution as defined in Article 21 that no person shall be deprived of his/her right to life or liberty without procedure established by law. He submitted that in case the petitioners are in the custody of J&K government, they deserve to be released and sent back to their place of residence in POK which is under the illegal control of Pakistan. Appreciating the humane approach of the society, the Division Bench issued notice to the Centre and the State both returnable within four weeks.

Prof. Bhim Singh was assisted by  Satish Vig, B.S. Billowria, Mrs. Ritu Puri, Gaurav Kumar Bansal, Pratap Singh, Advocates.