SC invokes Faiz,asks Pak to release Indian prisoners

“The cage is sad if the bird is not released,” the bench quoted the famous lines of the Urdu poet.

“We cannot give any directions to Pakistan authorities because we have no jurisdiction over them. The Indian authorities have done all that they could in the matter.”

“However,that does not prevent us from making a request to the Pakistani authorities to consider the appeal of the petitioner for releasing him on humanitarian grounds by remitting the remaining part of his sentence.

“At any event,we think it appropriate to make an appeal on humanitarian grounds to the Pakistan authorities to release the petitioner as he has served almost 27 years in jail,” the apex court said in an order.

The apex court passed the order while disposing off a petition filed by family members of Gopal Dass complaining about his incarceration in a Lahore jail for the past 27 years after serving his sentence.

The bench after examining the counter affidavit filed by the Centre on the steps taken for the release of Dass and other similarly placed prisoners,asked Pakistan to consider the release of all other prisoners of Indian origin on humanitarian grounds.

“We,therefore,request the Pakistani authorities to consider the appeal of the petitioner for remitting the remaining period of sentence and release him (as well as other similarly Indian prisoners) in the same spirit,” the bench said in an order.

The apex court in the order quoted Pakistani poet and

ghazal singer Faiz Ahmed Faiz: “Qafas udaas hai yaaron sabaa

se kuch to kaho. Kaheen to beher-e-khuda aaj zikr-e-yaar

chale.”

The literal meaning of the poetry is: “The ‘Cage’ is sad,friend, say something to the breeze,Ocean of god is everywhere. Today let us hear about friends.”

According to the petitioner’s counsel Arvind Kumar Sharma,the prisoner Dass,an Indian national from Rajasthan was intercepted and arrested by the Pakistan Border Security

Force in July 1984 when he is alleged to have mistakenly

crossed over the border.

He was tried by a Field General Court Martial at

Sialkot Cantonment in Pakistan and was awarded life sentence

on December 27,1986 under Section 59/3 of the Pakistan

Official Secrets Act,1923.

The family made several representations to the Indian

Government to secure his release on humanitarian grounds,but without success. They then filed a petition in the apex court seeking direction to the Pakistan Government.

The petition further alleged that about 182 Indian

prisoners have been languishing in Pakistan jails for many

years.

The Centre in its affidavit said that under an agreement with Pakistan it has been continually pursuing issue on the release of Indian prisoners. Dass,the Centre said,was awarded 25 years of sentence on June 27,1986.

But the documents produced on record however,said Dass was awarded life imprisonment.

“Thus there is a discrepancy here. At any event,we think it appropriate to make an appeal on humanitarian grounds to the Pakistan authorities to release the petitioner as he has served almost 27 years in jail,” the bench added.