Incidents of attack on foreign prisoners have
“international ramifications", Supreme Court today said asking the
Centre and Jammu and Kashmir government to apprise it of steps to ensure
that assaults similar to the one on Pakistani inmate Sanaullah Ranjay
do not recur.
A bench of justices R M Lodha and S J Mukhopadhya also voiced displeasure over the pace of progress in investigation into the death of Ranjay at Kot Balwal Jail in Jammu.
“Such incidents have international ramifications. The Government has to tell us that about the certain steps that have been taken and are being contemplated to ensure that such incidents do not recur in future," the court said and asked the Centre and the state government to file affidavits.
“Look, such incidents have happened in Pakistan and in India. In so far as Pakistan is concerned, we have no control and so far as India is concerned, we have got the control. You must tell us about the steps taken to ensure that such incidents do not happen again," it said.
The court, after perusing the affidavit filed by Jammu and Kashmir government, expressed unhappiness there was “not a single word" about investigation into Ranjay’s death though 72 days had passed since the incident.
“You must have held some preliminary inquiry. What are the findings. This (affidavit) is nothing as it does not give as to what had happened? How it happened? It does not even say the date on which the FIR was lodged.
“More than 72 days have passed and the investigation has not completed. The incident occurred inside the four corners of your jail. There is not a word about the investigation. The state must be co-operative and forthright. It is not a complex case. The approach of state is always obstructive," it said.
The court asked the state government to apprise it of actions taken against jail officials in the case.
It, however, said that certain steps have been taken, but the better enforcement was needed to stop such incidents.
It was hearing a plea filed by Jammu and Kashmir Panthers Party Chief Bhim Singh seeking repatriation of foreign and Pakistani prisoners, including Ranjay, and those who have already spent over 15 years in detention in India.
Ranjay, however, died on May 9 here after being attacked inside the Jammu jail.
The bench said, “The Jammu and Kashmir government shall keep strict vigil to ensure that foreign nationals prisoners, kept in jails in the state, remains safe and no harm is caused to them."
The court also asked the Centre and the Jammu and Kashmir government to expedite the process of repatriation of those twelve Pakistan prisoners against whom neither any inquiry nor any trial is pending and moreover, they have already served the awarded jail terms.
Meanwhile, senior advocate Colin Gonsalves told the bench that about 400 Indian and Pakistani fishermen are languishing in jails in both countries.
“The Indian government is not taking back Indian fishermen from Pakistan," the lawyer said.
“We cannot ask Pakistan to take their fishermen back. So far as Indian prisoners are concerned, you move an application, we will ask the Centre to respond," the bench said.
Earlier, the bench had asked the Centre and the Jammu and Kashmir government to explain as to why no steps were taken to prevent assault on Sanaullah Ranjay inside the Jammu jail.
Bhim Singh, in his plea, has also sought repatriation of all the mentally challenged prisoners, who are not wanted in any case in India but are lodged in different jails in the country, to their respective countries without any delay.
The petition also sought a direction to the Centre and the Government of Jammu and Kashmir to complete trials of all the foreign prisoners within six months.
A bench of justices R M Lodha and S J Mukhopadhya also voiced displeasure over the pace of progress in investigation into the death of Ranjay at Kot Balwal Jail in Jammu.
“Such incidents have international ramifications. The Government has to tell us that about the certain steps that have been taken and are being contemplated to ensure that such incidents do not recur in future," the court said and asked the Centre and the state government to file affidavits.
“Look, such incidents have happened in Pakistan and in India. In so far as Pakistan is concerned, we have no control and so far as India is concerned, we have got the control. You must tell us about the steps taken to ensure that such incidents do not happen again," it said.
The court, after perusing the affidavit filed by Jammu and Kashmir government, expressed unhappiness there was “not a single word" about investigation into Ranjay’s death though 72 days had passed since the incident.
“You must have held some preliminary inquiry. What are the findings. This (affidavit) is nothing as it does not give as to what had happened? How it happened? It does not even say the date on which the FIR was lodged.
“More than 72 days have passed and the investigation has not completed. The incident occurred inside the four corners of your jail. There is not a word about the investigation. The state must be co-operative and forthright. It is not a complex case. The approach of state is always obstructive," it said.
The court asked the state government to apprise it of actions taken against jail officials in the case.
It, however, said that certain steps have been taken, but the better enforcement was needed to stop such incidents.
It was hearing a plea filed by Jammu and Kashmir Panthers Party Chief Bhim Singh seeking repatriation of foreign and Pakistani prisoners, including Ranjay, and those who have already spent over 15 years in detention in India.
Ranjay, however, died on May 9 here after being attacked inside the Jammu jail.
The bench said, “The Jammu and Kashmir government shall keep strict vigil to ensure that foreign nationals prisoners, kept in jails in the state, remains safe and no harm is caused to them."
The court also asked the Centre and the Jammu and Kashmir government to expedite the process of repatriation of those twelve Pakistan prisoners against whom neither any inquiry nor any trial is pending and moreover, they have already served the awarded jail terms.
Meanwhile, senior advocate Colin Gonsalves told the bench that about 400 Indian and Pakistani fishermen are languishing in jails in both countries.
“The Indian government is not taking back Indian fishermen from Pakistan," the lawyer said.
“We cannot ask Pakistan to take their fishermen back. So far as Indian prisoners are concerned, you move an application, we will ask the Centre to respond," the bench said.
Earlier, the bench had asked the Centre and the Jammu and Kashmir government to explain as to why no steps were taken to prevent assault on Sanaullah Ranjay inside the Jammu jail.
Bhim Singh, in his plea, has also sought repatriation of all the mentally challenged prisoners, who are not wanted in any case in India but are lodged in different jails in the country, to their respective countries without any delay.
The petition also sought a direction to the Centre and the Government of Jammu and Kashmir to complete trials of all the foreign prisoners within six months.
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