Over 400 jailed Indian fishermen set to be freed

KARACHI: The federal government on Saturday ordered the release of 442 Indian fishermen, including two minors, who despite having completed their sentences — some of them years ago — were still being held in prisons here.

Sources said that 456 Indian prisoners had completed their sentences but the government had ordered the release of 442, which meant that 14 prisoners who had completed their sentences would not be released.

According to the sources, the federal government’s decision was communicated through a ministry of interior letter (No: 9/4/2009 – India –II, dated Aug 28, 2010) to the Sindh government and the provincial home department issued a notification (No: SO (PPT)/01-09/09 dated Aug 28, 2010), ordering the release and repatriation of these fishermen in batches.

The fishermen have been under detention at four places — District Jail Malir, and Juvenile Jail in Karachi; Nara Jail Hyderabad; District Jail Badin and District Jail Naushehro Feroze.

All the prisoners would be brought to Malir Jail from where they would leave for their homes.

The Indian prisoners would be released in four batches. The first batch of 100 fishermen, including the two minors, would leave the city from Malir jail on Aug 30 and reach Lahore the next day from where they would cross the Wagah border on their way back home.

The next batch of 100 fishermen would leave the Malir prison on Sept 2 and cross the Wagah border the next day.

The third batch of 101 prisoners would leave the city on Sept 4 and cross the Wagah border on Sept 5 while the last batch of 141 prisoners would leave the city on Sept 6 and cross the Wagah border the next day.

Responding to Dawn queries, retired justice Nasir Aslam Zahid, who is a member of the Pakistan-India joint judicial commission and remained involved with the issue, said that he had visited India in May where it was decided that steps would be taken with the respective governments so that the prisoners who had completed their sentences and still being held in prisons could be released and it was decided that the superior courts would be moved to secure the release.

He said that this decision was taken keeping in view an Indian supreme court order that since the prisoners had completed their sentences they be released immediately.

The Indian supreme court gave the verdict on a petition filed by a Kashmiri Pundit, Bhim Singh, on behalf of 17 Kashmiris who, though had completed their sentences, were being held in prisons, he said.

The retired justice said that at the Delhi meeting held in May it was decided that former chief justice of the Delhi High Court Justice Sachar would file a case in India for the release Pakistani prisoner and similarly a case would be filed in Pakistan for the release Indian prisoners.

He said that the Pakistan Fisherfolk Forum and the Pakistan Institute of Labour Education and Research (Piler), represented by a former federal law minister, Iqbal Haider, filed a constitutional petition (No.48 of 2010) in the Supreme Court of Pakistan for the release of the Indian fishermen.

The Supreme Court on Aug 12, 2010 issued notices to the foreign ministry, the interior ministry as well the Sindh home department, asking them under what legal provision or lawful authority the fishermen who had completed their sentences were in jails.

On Aug 26 the foreign ministry had informed the Supreme Court that it had already informed the interior ministry to release 456 Indian fishermen who had completed their sentences and their nationality had been confirmed by the Indian High Commission.

The Supreme Court had ordered repeat notice to the interior ministry as to why these detained Indian fishermen were not being released and repatriated to India.

The next date of hearing in petition was Sept 14, 2010, but before the hearing the government has ordered the release of the fishermen.

He said that 456 Indian fishermen had completed their sentences but the government had ordered the release of 442, which leave out 14 prisoners.

He said that he had received the release orders after the office timings, but he would crosscheck and this issue would be sorted out with the government shortly.

Mr Iqbal Haider, who had filed the petition in the Supreme Court, said that now that Pakistan government had ordered the release of the Indian fishermen, he would make efforts to get the Pakistani prisoners being held in Indian prisons released before Eid.