IHC issues notice to govt over plea seeking Indian prisoners’ release

Published November 1, 2019
Petition filed by Indian High Commission says all four convicts have served their sentences. — AFP/File
Petition filed by Indian High Commission says all four convicts have served their sentences. — AFP/File

ISLAMABAD: Taking action on a petition filed by the Indian High Commission for the release of four Indian nationals, the Islamabad High Court on Thursday issued notices to the federal government for a reply.

The four were convicted by military courts for spying and the Indian High Commission moved the court after they have completed their sentences.

Justice Mohsin Akhtar Kayani heard the petition.

The prisoners were identified as Jaspal alias Yashpal, who is imprisoned in Gujranwala jail; Shamsuddin alias Alam and Mohammad Ismail alias Sama, who are kept in Malir jail; and Anil Chimaar alias Anil Kumar, who is detained in Lahore jail.

According to the petition, the spies were arrested by the military authorities and were charged under Section 59 of the Pakistan Army Act and Official Secrets Act.

The petition said that the convicts had served out their respective sentences awarded by the Field General Court Martial.

The petition said that Jaspal completed his term on Aug 4, 2016, Shamsuddin on Oct 14, 2017, Ismail on Oct 31, 2016, and Chimaar on Feb 8, 2017.

The petition further said that all the prisoners had completed their respective sentences and the Constitution of Pakistan mandated in unequivocal terms that no person shall be deprived of life or liberty same in accordance with the law.

The petition argued that after the completion of the sentence, keeping condemned prisoners in jails was illegal, and requested the court to direct the federal government to release them for making arrangements of their travel to their homeland accordingly.

After preliminary arguments, Justice Kayani sought the reply from the secretaries of interior and foreign affairs and adjourned the hearing till Nov 4.

Published in Dawn, November 1st, 2019

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