Indian SC requests Pakistan to grant remission to prisoner

Indian SC requests Pakistan to grant remission to prisoner

By Imran Chaudhry

LAHORE: In a rare and unprecedented move, division bench of the Indian Supreme Court (SC) appealed to the Pakistani government to consider granting remission to an Indian prisoner, Gopal Dass, on humanitarian grounds.

Contrary to past practices, the bench, comprising Justice Markandey Katju and Justice Gyan Sudha Misra, quoted verses from the poem of Faiz Ahmed Faiz and Shakespearean drama, ‘Merchant of Venice’ in making request for the release.

“Qafas udaas hai yaaron sabaa se kuch to to kaho, Kahen to beher-e-khuda aaj zikr-e-yaar chale,” the bench quoted from Faiz’s poetry.

The bench also quoted Portia’s famous speech from Shakespeare’s ‘Merchant of Venice’. “The quality of mercy is not strain. It dropped as the gentle rain from heaven upon the place beneath. It is twice blest; it blessed him that gives and him that takes. It is an attribute to God himself; and earthly power does then show likes God’s when mercy reasons justice.”

The division bench of the Indian SC was hearing a petition filed by Dass in 2008, through his brother Anand Vir.

According to the petition, Das had been awarded a 25-year sentence by the Field General Court-Martial and latter the sentence was confirmed by a higher authority.

“He was arrested in July 1984 when he had crossed the Indo-Pakistan border. He was sentenced on June 27, 1986 and had to be released on June 26, 2011 after serving his sentence,” the bench remarked.

The order of the Lt Col, commanding officer, 27AK Regiment of Pakistan states that the petitioner was awarded life sentence, thus there is a discrepancy here.

“In any event, we think it is appropriate to make an appeal to the Pakistani authorities on humanitarian grounds to release the petitioner as he served almost 27 years in jail,” the bench said.

The bench said, `”We cannot issue directives to the Pakistani authorities since we do not have any jurisdiction over them. The Indian authorities have done all that they could do in the matter. However, that does not prevent us from making a request to the Pakistani authorities to consider an appeal of the petitioner’s release on humanitarian grounds by remitting the remaining part of his sentence.”

The bench also referred to the recent visit of a delegation from Pakistan that requested for the release of Pakistani prisoners languishing in Indian jails.

Indian authorities were informed then that a petition was filed in the Pakistani (SC), which ordered the release of 442 Indian prisoners locked up in Pakistani jails.

The bench observed that it requested similar release of Pakistani prisoners and the Indian government reciprocated by releasing many Pakistani prisoners in their jails. “Thus, there is a humanitarian spirit on both sides, which we applaud,” it said, adding, “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 unfortunate Indian prisoners.”

Central Jail Lahore Additional Superintendent, Ishtiaq Ahmed Gill, told Daily Times that Gopal Das was in Kot Lakhpat Jail and his 25-year imprisonment would be completed this year and he would be released as per law of the land. He said the jail administration was looking after the prisoner well.