In a statement Prof. Bhim Singh, Sr. Advocate & Executive Chairman, State Legal Aid Committee said that the court was hearing a writ petition seeking repatriation of illegally detained foreigners by the Government of J&K for over a decade.
Prof. Bhim Singh who filed writ petition, urged the court for intervention to ensure release and repatriation of Pakistani, POK and other foreign prisoners who have been illegally and improperly detained in different jails of the country for years.
According to statement that Prof. Bhim Singh submitted before the court seeking its directive to the Union of India for immediate repatriation of 54 foreign prisoners who have completed sentences lodged in different jails of
Prof. Bhim Singh further submitted the apathy on the part of the state to detain 8 Indian citizens without offence in Central Jail, JIC Bhuj since October 2008 namely, 1). Hussein Sumar Chavda (CJ, JIC Bhuj), 2). Aminabai w/o Hussein Chavda (CJ, JIC Bhuj), 3). Aslam Hussein Chavda (CJ, JIC Bhuj), 4). Sayra Hussein Chavda (CJ, JIC Bhuj), 5). Sugra Hussein Chavda (CJ, JIC Bhuj), 6). Sulaman Hussein Chavda (CJ, JIC Bhuj), 7). M. Sarif Hussein Chavda (CJ, JIC Bhuj), 8). Salim Hussein Chavda (CJ, JIC Bhuj).
Prof. Bhim Singh in his plea submitted that under the Indian Constitution no person can be detained for more than 24 hours without registering an offence against him or her. He said that this is apathy on the part of the state that eight human beings, particularly Indian citizens have been detained in jail for more than three years.
Prof. Bhim Singh further submitted that 53 human beings (Pakistani nationals) have not been tried for their alleged offence u/s. 14 Foreigners Act since April 2007. He urged the court to direct the Govt of India for their deportation. He regretted that their trials have not been completed in nearly five years whereas maximum sentence u/s. 14 FA could not exceed five years.
The Supreme Court accepted Prof. Bhim Singh’s plea to file additional affidavit in this case to enable him to assist the court in the interest of justice and rule of law.
Prof. Bhim Singh, Sr. Advocate was assisted by M/s. B.S. Billowria, Gaurav Kumar Bansal, Ms. Ritu Puri, P.V. Yogeswaran and Satish Vig, Advocates.