ISLAMABAD: The federal government on Thursday informed the Islamabad High Court (IHC) that in addition to five Indian prisoners, two more prisoners who had completed their jail terms have been released.

Additional Attorney General Tariq Mehmood Khokhar, however, said that another accused namely Mohammad Ismail alias Sama Ishmail Alimamd, son of Ali Mohammad Samma, who is presently confined at Malir district jail in Karachi, has not been released.

On Mr Khokhar’s request, IHC Chief Justice Justice Athar Minallah clubbed Ismail’s case with that of Indian spy Kulbhushan Jadhav. The court will take up the matter on Nov 9.

The case of eighth inmate has been clubbed with Jadhav’s

Mr Khokhar informed the court that Jaspal alias Yashpal and Shamsuddin alias Alam had been released in the latest batch of such prisoners, adding that Anil Chimaar alias Anil Kumar, Birju Dung Dung alias Birchu, Vigyan Kumar Ghnshyam Kumar, Satish Bhog and Sonu Singh had previously been released and repatriated to India.

A petition seeking release of these convicted Indian spies contended that “prisoners have completed their respective sentences and the Constitution of Islamic Republic of Pakistan, 1973, mandates in unequivocal terms that no person shall be deprived of life or liberty in accordance with the law. This provision is quite similar to Article 21 of the Constitution of India which deals with protection of life and liberty”.

The petition said that any person belonging to any country tried by Pakistani authorities expected that this glorious protection of law to their life and liberty would be extended to them as a matter of right and dignity. The petition further said that Article 10(A) of the Pakistani Constitution ensured a fair trial of all and Article 4 enjoined that “every other person for the time being within Pakistan under the protection of law, rights of such individual to be dealt with in accordance with law”.

The petition alleged that in spite of these constitutional provisions, the authorities unfortunately had deprived these prisoners of their legitimate rights.

Published in Dawn, November 6th, 2020