Introduction:

The Punjab & Haryana High Court has sternly addressed the Union Government’s delays in repatriating Pakistani prisoners who remain in custody despite having completed their sentences. The court warned that if no action is taken by the next hearing, exemplary costs will be imposed on the government. This observation was made by Justice GS Sandhawalia and Justice Vikas Bahl, highlighting the urgent need for addressing the repatriation process.

The issue of repatriating Pakistani prisoners who have completed their sentences has been a persistent concern. Recently, the court was informed that out of 30 Pakistani civil prisoners, the repatriation of 6 is expected to take place on July 26, while the cases of the remaining 24 prisoners are under active consideration by the Ministry and all relevant stakeholders. The High Court expressed its dissatisfaction with the pace of the process, emphasizing the importance of addressing the matter promptly to prevent further detention of these individuals.

This development followed a plea from two Pakistani juveniles detained in Juvenile Homes. They had been acquitted in April 2023 but remained in custody due to pending repatriation processes. They submitted their case to Justice N.S. Shekhawat, who referred the matter to the Acting Chief Justice for appropriate orders. The Punjab Government had earlier informed the court that these two juveniles had been repatriated to Pakistan, but another juvenile remained in custody despite acquittal.

Arguments of Both Sides:

The petitioners, represented by the Pakistani prisoners and juveniles, argued that their continued detention despite completing their sentences or being acquitted is unjust and violates their rights. They contended that the delays in the repatriation process are causing unnecessary suffering and hardship. The juveniles, in particular, emphasized their wrongful detention in Juvenile Homes even after their acquittal. They highlighted the lack of clear demarcation between the international borders of India and Pakistan, which had led to their inadvertent crossing and subsequent arrest.

The respondents, represented by the Union Government and the Punjab Government, provided updates on the ongoing repatriation efforts. Additional Solicitor General of India, Satyapal Jain, informed the court that counselor access had been provided for the third juvenile prisoner, Ali, and efforts were being made to facilitate his repatriation. The Union Government argued that the repatriation process involves coordination with various stakeholders, including the Ministry of External Affairs and the Pakistani authorities, which can cause delays. They assured the court that the matter is being actively pursued and that significant progress has been made.

Court’s Judgement:

Justice GS Sandhawalia and Justice Vikas Bahl delivered a stern warning to the Union Government, emphasizing the sensitive nature of the issue. The court observed that the Union Government is still “dragging its feet” over the repatriation of Pakistani prisoners who have completed their sentences. The bench noted that if the necessary actions are not taken by the next hearing, exemplary costs will be imposed on the government.

The court acknowledged the efforts made towards repatriating 6 out of the 30 prisoners but stressed the need for expedited action for the remaining 24 prisoners. The judges highlighted the plight of the juveniles who had been detained in Juvenile Homes despite their acquittal and directed the authorities to ensure their swift repatriation.

In its ruling, the court referenced the principles of justice and human rights, emphasizing that the continued detention of individuals who have completed their sentences is a violation of their rights. The court stated that the government must act promptly to prevent further injustices and ensure that the repatriation process is completed without unnecessary delays.

The court also reiterated the importance of adhering to international norms and bilateral agreements between India and Pakistan regarding the repatriation of prisoners. It urged the Union Government to prioritize the matter and coordinate effectively with all relevant stakeholders to facilitate the timely return of these individuals to their home country.

The matter has been listed for further consideration on September 10, and the court expects significant progress to be reported by then.