The counsel pleaded the Supreme Court for a direction to Centre to shift all prisoners from jails to detention centres till their release.
There are 250 Pakistani prisoners languishing in various Indian jails for over a decade, as per a PIL filed by senior advocate Prof Bhim Singh in the Supreme Court.
At least 59 out of them have completed their sentence or no offence has been made out against them but their nationality is not yet confirmed. As per the plea, they are lodged in different jails and some of them are in the detention centres in Delhi, Alwar (Rajasthan), UP, Amritsar (Punjab), Bhuj JIC (Interrogation Centre) in Bhuj (Gujarat) and some of them are lodged in jails in J&K and Rajasthan.
The counsel pleaded the Supreme Court for a direction to Centre to shift all prisoners from jails to detention centres till their release.
A Bench headed by Justice J Chelameswar ordered for final hearing of the writ petition on September 9.
The petition questioned the authority of the agreement on Consular Access signed between the Indian Government and Pakistan in May 2008 and said that no person shall be deprived of his (her) life or personal liberty except according to procedure established by law under Article 21 of the Indian Constitution. This right of personal liberty is vested in every person (citizens of any country and all human beings) including foreigners.
It was contended that the states and Centre have failed to comply with the Supreme Court’s 2012 verdict which clearly directed all states that, “release be ensured that all foreign nationals who have completed their sentence but whose deportation/repatriation is awaited due to non-confirmation of nationality/issue of travel documents by the country concerned may be released from jails immediately and they maybe kept as appropriate place outside the jail premises with restricted movement pending their repatriation. It was made clear that this shall be done under the powers delegated to the State Governments under Section 3(2) (e) of the Foreigners Act, 1946 and under paragraph 11 of the Foreigners Order, 1948.
It was instructed foreigners so released must be kept in safe custody with basic facilities of electricity, water and hygiene with full security.
The Ministry of Home Affairs (Foreign Division) had issued another instruction in September 2014 directing the states/Union Territories to set up detention centres/camps in various states/Union Territories for restricting the movements of illegal immigrants/foreign nationals awaiting deportation after completion of their sentences.
It was also brought to court’s notice that more than 15 foreign nationals have been sentenced for life and the plea sought the top court to heard their appeals and those who have completed more than 15 years may be sent back to their respective countries on the principle that they have completed more than 14 years in jails.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Supreme Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}