Indian HC to again petition for Indian national’s release

Islamabad :Indian High Commission moved the Islamabad High Court (IHC) for the release of an Indian national Rafiq Jutt who was apprehended by Pakistan Army in 2008 and was tried and convicted for five years imprisonment in 2012.

The matter was fixed in the court of Justice Aamer Farooq as an objection case. According to the legal counsel for Indian High Commission Malik Shahnawaz Noon IHC registrar office had raised objections that the power of attorney was not properly signed and relevant parties were not nominated as respondents.

Consequently, the High Commission withdrew this petition after IHC bench sustained office objections. Advocate Noon talking to this correspondent told that they will file this petition once again after making necessary changes. 

High Commission in this petition had cited federation of Pakistan through secretary Interior, secretary Defence, secretary Ministry of Interior Sindh and secretary Ministry of Foreign Affairs as respondents.

The petitioner adopted that the convict is a Muslim and an Indian citizen of the state of Gujarat who visited Pakistan on a valid visa in 2008 when Pakistan army apprehended him. After being arrested Rafiq Jutt was tried under Pakistan Army Act (PAA) section 59 read with section 3 of the Official Secret Act 1923. Jutt tried to prove his innocence before the court but he was convicted for 5 years rigorous imprisonment. He was kept at different jails and presently he is confined at the Central Jail Karachi. Sentence was awarded to him on March 8, 2012 that expired on March 7, 2017. Since Jutt completed his sentence and now the authorities have no concern with him and he may be released.

The petitioner adopted that Jutt is an Indian citizen and hence his matter directly comes under the Ministry of Interior Pakistan who has authority to arrange release of the convict by ordering home secretary Sindh.

There are no other allegations on the convict and he could not be kept behind bars, the petitioner said. Immediately after completing sentence, the convict was liable to be released but till this time he is not.

Indian High Commission adopted that during Jutt's period of punishment only two opportunities were afforded to the High Commission officials to meet the convict on June 1, 2012 and June 5, 2013.

The petitioner said that it forwarded many requests to the foreign affairs officials for the release of convict on humanitarian grounds as he is also suffering from tuberculosis but no reply was given. The petitioner had requested the court to direct the respondents to arrange for the release of Jutt.