SC slams J&K for illegal detention of Pak prisoner

The Supreme Court on Wednesday slammed the Jammu and Kashmir government for not releasing a Pakistani prisoner despite the end of his sentence.

The Supreme Court on Wednesday slammed the Jammu and Kashmir government for not releasing a Pakistani prisoner despite the end of his sentence. The court also summoned the state additional secretary for misleading the court by furnishing incorrect information about the inmate through an affidavit.

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“You (state government) are throwing all constitutional and legal provisions to the wind. You are a guardian of all people living in your territory whether he is a citizen or not,” said a bench of Justice RM Lodha and Justice Anil R Dave, directing the immediate release of Sikander Azam. It directed the presence of officer MS Dilshad on the next date of hearing to show cause why contempt proceedings not be initiated against her.

The apex court directed the state government to bring the prisoner to Delhi and said the Centre would take steps for his repatriation within two months, if he was not required in any other case. Until his repatriation, Azam would stay in Sewa Sadan.

Azam continues to languish in jail even as his sentence ended 13 months ago. In response to a petition seeking his release, the J&K government's affidavit signed by Dilshad stated that he was yet to complete his imprisonment that would end in May 2013. The government apparently failed to take into account Azam's incarceration period during the trial. According to the petition before SC, Azam's jail term ended in July 2011.

“We are pained by the stance adopted by Jammu and Kashmir government particularly the incorrect information given by the officer. To say the least, it is highly misleading,” the bench added.

Directing the officer's presence on October 16, the court observed: “Time has come when we must take serious action against the officer.” Meanwhile, the Centre filed a fresh status report on Pakistani prisoners. It said that 269 persons are lodged in jails, which excludes 43 fishermen whose nationality has not yet been confirmed.