Observing that the fundamental right of Right to Life extended to both an Indian and a foreigner,the Supreme Court on Monday ordered release of all Pakistani nationals languishing in jail beyond their period of detention under the Public Safety Act of Jamp;K within the next two months.
A Division Bench led by Justice Markandey Katju dismissed outright the Centres justification that foreign nationals were kept under detention beyond the legal period because the government wanted to exchange them for Indians lodged in Pakistani jails.
This court is the custodian of the civil rights of every person,Indian or foreigner,under Article 21Right to Life and no person shall be deprived of his life or liberty without the procedure established by law, the Bench ruled. Relief under Article 21 of the Constitution of India is available to every person irrespective of his nationality.This provision can not be allowed to be diluted.
The court was hearing a petition filed by advocate Bhim Singh,seeking release of 124 Pakistani nationals detained in different jails of the country. How can the government keep them Pakistanis under detention in violation of the fundamental rights of a person for years together without resorting to the procedure of law? the petition asked.
In its affidavit,the Centre said 22 Pakistanis were still in jail despite completing their terms. Jamp;K had recommended them for deportation because no case was pending against them,the affidavit said.