Jafar Alam was an inmate in Amritsar Central Jail, Punjab. On June 30, 55-year-old Alam, a “Pakistani national,” was allegedly attacked in the prison by another inmate, also a “Pakistani national,” and subsequently died. Following Alam’s death, the prison authorities wrote to the Pakistani embassy, requesting that they take back his body. However, the authorities are not expecting a response as Alam has already been in prison for 15 years awaiting confirmation of his nationality.
“We have buried bodies of Pakistani nationals in the past, whose nationality has not been confirmed by the state. They died while waiting,” said an official at Amritsar Central Jail.
India on Monday, July 1, asked Pakistan to expedite the process of verifying the nationality of 75 civilian prisoners and fishermen being held in Indian custody, who are believed to be Pakistani nationals and whose repatriation is pending due to lack of nationality verification from the country.
The list included the names of Mr Alam and his alleged assailant, Shahid Ali, 32. Mr Alam’s death brings the number down to 74, from 62 last year, the sources said.
Alam was arrested under the Foreigners Act in 2009 and completed his sentence in 2012. He had been awaiting release ever since. However, Pakistan had not confirmed his nationality despite repeated communications from the Amritsar jail authorities.
Similarly, Ali had completed his sentence under the Foreigners Act and was awaiting confirmation from the Pakistani government. He will now face a new trial on the murder charge.
“These are prisoners who are arrested without passports after entering India from Pakistan. Such prisoners are often sentenced to one to two years by the courts. Most of them have crossed the border by mistake. But they remain in jail until the Pakistani government verifies their identity and brings them back. We start liaising with the Pakistani embassy as soon as such prisoners come to us,” explained an official at the Amritsar jail.
Alam and Ali even gave police their addresses when they were arrested: Alam claimed to be a resident of Musa Colony in New Karachi, while Ali claimed to be from Lahore.
“Most of these prisoners are insane. Many of them are unwanted by their families or their families are too poor to file a lawsuit against the Pakistani authorities to have them returned. Also, it is up to the Pakistani embassy to take back these prisoners after completing their sentence. Due to many such factors, the release process is delayed even after completing their sentence and they remain locked up here in Amritsar jail,” the official added.
When the Punjab and Haryana High Court stepped in
In January this year, Punjab and Haryana High Court Justice NS Shekhawat, while inspecting the Faridkot observation home that houses untried and convicted juveniles, saw two Pakistani juveniles who were acquitted by the Juvenile Justice Board on April 18, 2023, still there.
The boys were arrested on September 1, 2022, in Tarn Taran, near the India-Pakistan border, and charged under Section 3 of the Passport (Entry into India) Act, 1920 and Section 14 of the Foreigners Act, 1946 for allegedly illegally crossing an international border.
“The possibility of accidentally crossing into Indian territory on a foggy day cannot be ruled out as well as the possibility that the boys could not distinguish the difference between the two countries’ territories as there were no electric wires or gates at the site,” the commission said while acquitting the boys.
Following the case of the Pakistani boys, a bench of Chief Justice GS Sandhwaria and Justice Lapita Banerjee, hearing an suo motu petition, sought a list of Pakistani nationals who had completed their sentences but were still serving time in Punjab prisons.
Following the intervention of the Punjab and Haryana High Court, Indian authorities rushed to deport the boys to Pakistan. Pakistani authorities in Attari refused to detain the boys on March 29 and again on April 19, citing lack of documents, but the boys were finally deported on April 27.
Meanwhile, Additional Attorney General of India Satya Pal Jain informed the Punjab and Haryana High Court that the process of repatriating 30 “Pakistani” civilian prisoners who have completed their sentences and are currently lodged in the Central Jail, Amritsar, is being actively considered by the Ministry of Home Affairs and will be carried out in consultation with all parties concerned, but the process will take some time.
Thousands return from Pakistan
Under the provisions of the 2008 bilateral consular access agreement, India and Pakistan exchange lists of civilian prisoners and fishermen in each other’s custody twice a year, on January 1 and July 1.
India has released the names of 366 Pakistani or suspected Pakistani civilian prisoners and 86 fishermen in its custody. Pakistan has similarly released the names of 43 Indian or suspected Indian civilian prisoners and 211 fishermen in its custody. Meanwhile, the Indian government has called on Pakistan to immediately grant consular access to 47 suspected Indian civilian prisoners and fishermen in Pakistan’s custody, to whom it has not been granted consular access so far.
Some prisoners are incarcerated because their nationality has been confirmed but they are unable to pay the fine. Lawyer and human rights activist Navjot Kaur Chaba said she has helped such prisoners. “I paid a fine of Rs 400,000 to two Pakistani women who had no money to pay the fine even after completing their sentence,” Chaba said.
“It is sad that people have died in prison because their nationality was not confirmed. People who have completed their sentence should not remain in prison on both sides of the border. The governments of both countries should make efforts for such prisoners,” Chaba added.
A total of 2,639 Indian fishermen and 71 Indian civilian prisoners have been repatriated from Pakistan since 2014. This includes 478 Indian fishermen and 13 Indian civilian prisoners who have been repatriated from Pakistan since 2023 so far.
© Indian Express Ltd.
First uploaded: 07 Apr 2024 17:34 IST
