India refuses to take back its 31 convicted citizens

By Sher Ali Khalti
June 22, 2017

IG Prisons says cases sent to interior ministry for deportation; Foreign Office says prisoners can’t be sent to their countries if their embassies disown them

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LAHORE

Despite repeated contacts, India has refused to take back its 31 convicted citizens who have been languishing in Punjab prisons for up to 14 years after completing their respective terms.

India’s refusal to accept its citizen is something against its overtly emphasised posture of salvaging every Indian and it is even unusual if these are imprisoned in Pakistani jails. In recent past, India has been very vocal in raising issue of its stranded citizens. In recent past, Indian government vehemently raised the issue of Dr Uzma. Pakistan too fully cooperated in that case and she was repatriated within weeks of entering Pakistan.

However, it seems all Indians are not that much of fortunate. In least words, it is hypocrisy of neighbouring India that it is not ready to accept its own citizens who have completed their jail sentence as late as 2004 and 2006.

According to documents available with The News, four among the 31 Indian prisoners, who have completed their terms, are female. Twenty-year old Ms Ajeeran is youngest among these Indian prisoners. She belongs to village Shantarpur, Kolkata. A case against her was registered in Ghaziabad police station, Lahore on May14, 2008 under Pakistan Control Entry Act, 1952. She was sentenced for one year. After completing her jail term back in 27 January, 2009 she is waiting her repatriation.

The oldest Indian prisoner is 77year Surja Ram, son of Tiku Ram, who hails from Anob Garh, Rajhistan. He was arrested under Pak Army Act 1959 and sentenced on July 16, 2008 under section PAA59, Sec3 of the Official secret Act 1923 for eight year imprisonment. He completed his jail term on 15 July, 2016 and waiting his release and subsequent repatriation. However, India is not willing to bring him and other such prisoners back to their homeland.

According to data of the Jail Department, a 22-year old youth, Aneel Chimar, son of Budh Singh Chimar, belongs to village Shadnai India was arrested on march 12, 2015 under 4/55/52 Pakistan entry act and sentenced for two year, Muhammad Maqbool Loon, son of Muhammad Ali, from Poonch, Kashmir was arrested under Pak Army Act 1959 and sentenced on June9, 2008 under section PAA59, Sec3 of the Official secret Act 1923, an unknown Indian of 30-year old was arrested under 4/55/52 Pakistan entry act and sentenced with section 382-B Cr PC and his sentenced completed on January 23, 2004, Raju, son of Santosh, from Brail Sarowl India arrested under 4/55/52 Pakistan entry act and sentenced for six month on 2013, Arif Hadayat s/o Saleem Hadayat from Pin Dalya Delhi India arrested under 4/55/52 Pakistan entry act and sentenced for one month and fifteen days in 2006, Ramesh arrested under 4/55/52 Pakistan entry act and sentenced for three month with the benefit of 382-B Cr.P.C on 2014, Birchu s/o Comlais from village Pathyari dist Lakhnow India arrested on 2006 under 4/55/52 Pakistan entry act and sentenced for one year, Ms Naqaya d/o Dharam from villageKotri Behga India arrested on 2007 under 4/55/52 Pakistan entry act and sentenced for four month with the benefit of 382-B CrPC, Raju Mohali Raju Parsat s/o AmiyatMahoul from Berzaman PS Kohoti Gate dist Ludhyana arrested on 2007 under 4/55/52 Pakistan entry act and sentenced for one year, Ajeeran d/o Asmola from village Shantapur Kolkata India arrested under U/S4 Pakistan Control Entry Act 1952 and sentenced on 2008 for one year with the benefit of 382-B Cr PC, Panvaasila s/o Kundalal from Sijapur Baroata Shahekotwali Banaras Indian arrested on 2009 under 14 Foreigner Act and sentenced for one month, Kishwa Bhagwan s/o Chanan Wan from Mini Pur India arrested under 4/55/52 Pakistan entry act 1952 and sentenced for three months with the benefit of 382-B Cr PC in 2010, Ropi Paul s/o Nann Chandar Paul from Kashgo India arrested in 2010 under 4/55/52 Pakistan entry act 1952 and sentenced for five month under382-B Cr PC, Sham Sundar s/o Sheri Bhagwatan arrested in 2011 under 4/55/52 Pakistan entry act 1952 and sentenced for one year, Raju Rai s/o Babu Raj arrested under 4/55/52 Pakistan entry act 1952 and sentenced for one year, Haseena Bibi Shahzadi w/o Dilshad Ahmad belong to UP India arrested under 4/55/52 Pakistan entry act 1952 and sentenced for two months, Bagin Kumar s/o Ramaish from Mehr Khud HaJahanki India, arrested in 2014 under 14 Foreign Act, Sohan Lal of New Basti Ghula Bargh Tehsil Orrais dist Jammu India, arrested under 4/55/52 Pakistan entry act 1952 and Sentenced for five month with the benefit of 382-B Cr.P.C in 2014, Raju s/o Samuel of Jalandhar, arrested 14 Foreign Act and sentenced 8 month with the benefit of 382-B Cr PC 2016, Krishan Vidya Sagar s/o Eshor Vidya Sagar from 98/10 Krishan Sian East Mombai India, arrested in 2015 under 420/468/471/14 Foreign Act and sentenced for ten months under 382-B Cr PC, Afzal Ahmad s/o Mukhtar Ahamd from Chandni Chowk Delhi 836 India, arrested under 14 Foreign Act in 2016 and sentenced for four month with the benefit of 382-B,Cr.P.C, another man of 25 year old was arrested in 2015 under section 4/55/52 Pakistan Control Entry Act 1952 and sentenced for one year, Rehan ul Rehman s/o Khalil Ul Rehman from Delhi, arrested in 2016 under 14 Foreign Act and sentenced for three month with the benefit of 382-B Cr PC, Sataish Bhaag s/o Notay Khan from Kurry Ramaday Paradaish India, arrested under 14 Foreign Act in 2014 and sentenced for five months with the benefit of 382-B Cr PC, Gonjan s/o Bora Lal from Jaypur Rajhistan, arrested in 2016 under 14 Foreign Act and sentenced for two months with the benefit of 382-B Cr.P.C, Abdul Majeed s/o Abdul Qadir from Post Office Loran p/s Punc Jammu Kashmir India, arrested under Pakistan Army, Act59 and sentence for four years under PAA, Sec 59 read with sec3 of the official secret Act 1923 in 2012, Ms Gulo Jan 40 years old 2011, a deaf and dumb of 45 years Indian was also arrested in 2002, Silarof Saleem s/o Burhan from India, arrested in 2009 under 14 Foreign Act and sentenced for ten months in 2010, Plan Sharma s/o Poni Sharma arrested and sentenced in 2013.

In total, 400 foreigner prisoners are locked up in the jails of Punjab. Around 300 out of these are categorised as high profiles criminals. 129 of these prisoners belongs to twelve countries including India, Afghanistan, Bangladesh, Burma, Burundi, Dominica, Iran, Kenya, Liberia Nigeria, Sri Lanka, and UAE. They have completed their sentence but still confined in Punjab jails because the embassies of their respective countries have refused to accept them as their nationals.

Apart from 31 Indians, 61 from Afghanistan, three from Iran, one from UAE, 11 from Tanzania, nine from Nigeria, one from Liberia, two from Kenya, one from Dominica, one from Burundi, three from Myanmar and five from Bangladesh.

When contacted, Punjab Prison Inspector General Farooq Nazir said the cases of all foreign prisoners, who have completed their jail term, had been sent to interior ministry for their return. He added that prisoners could not be released until their travelling documents get completed. Additionally, he maintained, “We had tried to facilitate them in contacting their relatives so they could get help from them by preparing their travelling documents.” Unfortunately, he observed, their embassies did not accept them.

According to him, there are philanthropists who are ready to help foreign prisoners in bearing expenditure of their expatriation but their countries have refused to accept them as their nationals. We are trying our best to provide foreign prisoners available facilities besides ensuring their security, he maintained.

Regarding deportation of foreign prisoners, The News contacted many times to spokesperson of federal interior ministry, Sarfraz Hussain, but he did not attend the calls to respond queries sent to him on this number. Deputy Secretary (Law), Interior Ministry, Atif Aziz said he was not allowed to talk with the media when The News contacted him.

Nafees Zakriya, spokesperson foreign office said, as a standard procedure, firstly, the identity of a foreign prisoner is established after his or her arrest. After establishing his or her credentials, we talk to their respective embassies. If their embassies disowned them, he added, they cannot be deported.

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