Efforts on to free Indians from Pakistan jails, court told

NEW DELHI - The central government Monday told the Supreme Court that it has been “consistently” taking up the issue of release of Indian prisoners in Pakistani jails with the government in that country.

The matter was taken up in the course of the talks between foreign ministers, home ministers and foreign secretaries of both the countries at different points of time, the government told the apex court bench of Justice Markandey Katju and Justice B.S. Chauhan.

The issue was raised during the foreign secretary-level meeting in New Delhi Feb 25, 2010, the home minister level meeting June 25, 2010 at Islamabad and the foreign ministers meeting held July 15, 2010 also in Islamabad, said an affidavit sworn by foreign ministry’s Deputy Secretary (Pakistan) K. Srikar Reddy.

The central government told this to the court on a petition by Gopal Dass who is languishing in a jail in Pakistan even after completing a 25-year sentence.

At the core of the issue is the question whether the two-year incarceration undergone by Gopal Dass during trial could be counted as a part of his 25-year sentence.

The court was told that an India-Pakistan Judicial Committee on Prisoners has been set up to recommend the steps to ensure humane treatment and expeditious release of prisoners of respective countries in each others jail.

The committee consists of eight retired judges — four each from the two countries.

The affidavit said that petitioner Gopal Dass, who moved the apex court through his brother Anand Vir, was amongst the prisoners that were produced before the committee during its visit to Pakistani jails in 2008.

The court was told that the government did everything to secure the release of the Gopal Dass, but the absence of response from the Pakistani government had delayed the matter.

The government said the petitioner’s plea could only be considered by the Pakistani government and as far as India was concerned there was violation of Gopal Dass’ fundamental right.

Solicitor General Gopal Subramanium told the court that the Indian High Commission in Islamabad had made personal intervention for securing Gopal Dass’ release. But there was no response from the concerned authorities in Pakistan.

Gopal Dass was arrested by the Pakistani authorities in 1984 and was sentenced to 25-year imprisonment from June 27, 1986.