Pak law minister to examine Sarabjit's case

LAHORE: Pakistan Law Minister Farooq Naek on Monday said he would examine Indian death row prisoner Sarabjit Singh's case, but at the same time requested New Delhi to consider repatriating Pakistani prisoners to their country on humanitarian  grounds.
 
Naek who met Sarabjit now in jail for 17 years at the Kot Lakhpat prison here, said he had sought Sarabjit's file from the jail superintendent so that he could study the Indian national's case.
 
The Supreme Court had dismissed Sarabjit's mercy petition.
 
After the Supreme Court's decision, only the President has the powers under article 45 of the constitution to pardon or remit his sentence. No one else can do this, Naek said outside the prison.
 
In this connection, as a reciprocity, I request Indian authorities to consider the cases of Pakistani prisoners on humanitarian basis and repatriate them to Pakistan, he said.
 
Naek said Sarabjit was hale and hearty and getting all the facilities which the other prisoners in this prison are entitled to.
 
He said India has provided a list of over 100 Pakistani prisoners lodged in its jails.
 
I will take up the issue and ask Indian authorities to send them back to Pakistan. The Pakistan People s Party government will take up their cases so that they can return to their near and dear ones,  he added.
 
Asked if Sarabjit would be released if India freed the Pakistani prisoners, Naek replied:  I don t have these powers. I can only study (Sarabjit's) case and submit a recommendation and a report on humanitarian grounds. The final decision will be made by the Prime Minister and the President. 

Naek said the repatriation of Pakistani prisoners from India would lead to the  promotion of human riges Pakistani  prisoners and their trail can take place in Pakistan. Or if they are convicted, they can serve their sentence here because they can be with their dear ones and family members.
 
Asked whether Sarabjit, convicted for alleged involvement in bombings, should be freed at a time when Pakistan has been hit by a wave of bomb attacks, Naek said,  Bomb attacks have their own place and humanitarian considerations have their own place.
 
No final decision has been made. Let us see what happens. We will consider this issue calmly and with a cool head.
 
Sarabjit, whom Pakistani authorities say is Manjit Singh, has been on death row since he was convicted for alleged involvement in four bomb attacks that killed 14 people in Punjab province in 1990. Sarabjit s family insists that he was wrongly convicted for the attacks.
 
Sarabjit was originally set to be hanged on April 1 and his execution was initially deferred for 30 days by former President Pervez Musharraf. This was done so that the new PPP led government could review his case following India s appeal for clemency.
 
Pakistan s Supreme Court and Musharraf had earlier turned down Sarabjit s mercy petitions. 

After Prime Minister Yousuf Raza Gilani intervened in the matter, Pakistani authorities put off Sarabjit s execution till further orders.

Gilani announced a proposal to commute the death sentences of thousands of prisoners into life imprisonment on June 21 to mark the birth anniversary of slain PPP chairperson Benazir Bhutto but it is still not clear if the move will benefit Sarabjit.

In August, the government informed the Supreme Court that it is yet to take a final decision on the proposal to commute death sentences.

Naek said the law ministry is working on a law to commute death sentences to life imprisonment in keeping with the Prime Minister's announcement.

Most people want the death sentence to be abolished. The Prime Minister said in the National Assembly that the death sentence will be abolished. The President has also backed the move and wants the law on this to be made as soon as possible,  he said.

This draft law is being prepared by the law ministry in line with the constitution and Shariat or Islamic law. Once the draft is finalised, it will be presented to the cabinet before being sent to parliament, which will make a final decision on it, he said.