NEW DELHI, Aug 24: Contrary to the Indian government’s stand that Pakistani prisoners, who had served out their sentence, would not be set free unless Indian prisoners are released, Indian Attorney-General Soli Sorabjee said such a stand was legally untenable.
In a letter addressed to the Indian home secretary, the attorney-general said: “To my mind, such a stand is legally untenable apart from adverse repercussions it will have on the image of India internationally. Prisoners cannot be used as hostages or used as levers for bargaining.”
The AG also made it clear that the fundamental right to life and liberty guaranteed under Article 21 of the Indian Constitution extended to the foreigners, said a news report quoting the letter.
Through the letter, Mr Sorabjee conveyed to the government views of an apex court’s bench expressed on Thursday that those Pakistani nationals, who have served out their sentence and not detailed under any other order, should be deported.
However, the government through Additional Solicitor-General Altaf Ahmed, during an earlier hearing with regard to 14 Pakistani prisoners, had taken the stand that some of these prisoners were kept in detention so as to enable India to bargain the release of Indian prisoners, lodged in Pakistani jails.
The court, which was of firm opinion that those who have completed their sentences and not detained under any order be released forthwith, had adjourned the matter on the request of the AG till Sept 2, while directing the government to pass an appropriate orders for deportation of the Pakistani prisoners after examining each case separately.
Conceding that the government had the power to detain these prisoners, Mr Sorabjee had stressed that if the period of detention was indefinite, such orders for detention were liable to be struck down as the government had openly stated its stand in the country that it was keeping them as hostages.
“The best course would be to pass orders for deportation as the prisoners themselves have sought so,” added the news report, quoting the attorney-general’s letter.—APP