Today, On 16th January, The Supreme Court rejected a Public Interest Litigation (PIL) seeking the release of Pakistani prisoners held in Indian jails. The petition argued that these prisoners should be freed, but the court declined to entertain the request. The court stated that such matters should be handled by the government. This decision reinforces the principle that national security and diplomatic issues are beyond judicial intervention in this case.
New Delhi: The Supreme Court declined to entertain a plea urging the Central government to release Pakistani prisoners in Indian jails who have completed their sentences or have been acquitted.
A bench led by Justice MM Sundresh chose not to hear the case, noting that a similar petition is already pending before the court.
The petition, filed by advocate Nitin Mattoo, argued for the release of Pakistani prisoners who have either completed their sentences, been acquitted, or against whom no case is made but who remain incarcerated.
The plea also requested that the Central government publish a list of these prisoners on the Ministry of External Affairs’ website, enabling relatives of Indian nationals held in Pakistani jails to find them, thereby serving the interest of justice.
Mattoo mentioned that he had submitted an RTI application seeking information about Pakistani prisoners in Indian jails, including those on trial and those who had completed their sentences. According to a government response to his RTI application received on April 23, 2024, there are 337 individuals in Indian jails, of which 103 are Pakistani nationals who have completed their sentences but remain imprisoned.
Mattoo indicated that he urged the government for the urgent release of these prisoners through a formal representation, but no action had been taken.
Consequently, he approached the Supreme Court. He emphasized that the purpose of his petition is to ensure that any prisoner who is unlawfully held in Indian jails is released immediately.
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The plea stated,
“The prisoners who have served their sentences remain incarcerated, resulting in a direct financial burden on the states housing these prisoners. Thus, this loss to the state exchequer represents a direct injury to the public at large. Furthermore, not releasing these prisoners to their home country constitutes an injustice according to Article 21A of the Constitution of India,”
Article 21A of the Constitution of India guarantees the fundamental right to free and compulsory education for children aged 6 to 14 years. It was introduced by the 86th Amendment Act of 2002. This article ensures that the state provides education to children in this age group as a fundamental right, aiming to promote equality and empower the younger generation with knowledge and skills. It is a significant step toward achieving universal education in India.