Supreme Court direction on deaf and dumb Pak prisoners

New Delhi/Jammu, April 10 (Scoop News) –     Division Bench of Supreme Court of India comprising JJ  R.M. Lodha and  H.L. Gokhale expressed grave concern on the situation of the foreign prisoners, mostly from Pakistan and POK who have been languishing in different jails in India though they have served out their respective sentences. The Supreme Court directed the Union Govt. to take urgent steps for the repatriation of the prisoners who are not wanted any more in any case in the country. The Supreme Court said that such cases as concern the human rights should have been taken by the two governments at the earliest.
    Prof. Bhim Singh, Sr. Advocate and petitioner in the present case pointed out that there were five ‘deaf and dumb’ prisoners from Pakistan who might have been taken to custody while grazing their cattle on the Indo-Pak border years ago. The Supreme Court expressing serious concern directed the Union of India to take up the matter for the repatriation of all mentally challenged as well as those prisoners who are deaf and dumb (goongas). Prof. Bhim Singh in his submission suggested that the pictures of the goongas should be sent to the Pak media so that the members of the families of these voiceless souls may come forward to identify them. The court appreciated the suggestion and adjourned the matter for two weeks on the request of  P.P. Malhotra, Additional Attorney-General of India. The court also advised the Additional Attorney-General to sort out the issues on facts with Prof. Bhim Singh.
    Prof. Bhim Singh also submitted the original record pertaining to the arrest and conviction of  Sikander-e-Azam and  Salim Junaid who have served out their sentences and their continued imprisonment amounted to wrongful confinement. He said that Sikander-e-Azam was arrested in 2008 and sentenced for three years imprisonment which he completed in 2011. The fine imposed him was cleared by the State Legal Aid Committee headed Prof. Bhim Singh. Similarly,  Salim Junaid completed his sentence in 2004 and his continued imprisonment is in violation of Article 21 of the Constitution of India. Prof. Bhim Singh also submitted that the Union of India and the Govt. of J&K have deliberately chosen to defy the direction of the Supreme Court of India. The Supreme Court had directed the Govt. of J&K in 2007 to complete the trial of all the prisoners within one year. Some of the accused are still under investigation for years and there is no occasion to start trials.
    Prof. Bhim Singh assisted by  B.S. Billowria, Ms. Preeti Sirohi,  Vijay Pratap Singh and  Satish Vig, Advocates.

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