New Delh: Division Bench of the Supreme Court of India comprising Chief Justice R.M. Lodha , Justice Kurian Joseph and Justice Rohinton F. Nariman directed the Attorney-General, Mukul Rohtagi to seek instruction from the government for the creation of fast-track criminal courts to speed up the justice delivery system. Regretting the slow pace of trials, the bench said that it was high time that government should work out a policy on an urgent basis so that cases do not linger in courts for decades.
Professor Bhim Singh, Politician-cum-advocate appearing in-person argued that lengthy trials of the foreign prisoners, mostly Pakistani prisoners languishing in Indian jails for the past 10 to 15 years have negated the concept of Indian democracy and weakened the rule of law and the authority of Article 21 of the Indian Constitution. He said that some of the foreign prisoners have been facing trial for a decade or so and in some cases investigations are still going on according to the reply of the respective state governments, the Supreme Court expressed serious concern in the matter of trials. The Chief Justice Mr. R.M. Lodha said that the peace of criminal justice delivery system was not at all satisfactory and there is a need for expediting trials in the criminal courts for speedy justice.
Professor Bhim Singh also informed the Supreme Court that the Lawyers Congress Lahore had invited him to address the Supreme Court Bar Association of Pakistan where he spoke on the power of Article 21 of the Indian Constitution which guarantees the right to life and liberty to any person. He also submitted that Pak lawyers have agreed to form a Joint Defence Committee of Indo-Pak lawyers where Pakistani lawyers shall provide free legal aid to the Indian prisoners in Pakistan. He informed the court that the State Legal Aid Committee has been fighting the cases of the Pak prisoners in this Honble Court for nearly 15 years.
The Attorney General of India, Mukul Rohtagi informed the court that 15 Pak-prisoners were released in 2014 who have been figuring in writ petition of Prof.Bhim Singh. He disclosed their names as; Zisan Alam, Tagaji aka Manavar aka Tago Meghaval, Baber Naseem Wardak, Mohamad Shafaqat Shah aka Abu Mabir, Mohammad Sagheer, Atiqur Rahaman aka Monir Umar, Imran Ahmed, Muhammad. Arshad, Kafludeen, Mohammad Yousuf Khawaja, Muhammad Saleem Dilawar Sain aka Dilawar Hussain, Aftab, Muhammad Adnan Malik aka Abu Dakda, Syed Moinullah Shah.
Prof. Bhim Singh also argued for the repatriation of one Abdul Sharief, Iranian national who completed his sentence in 1997 yet he is languishing in Amritsar jail, India. Prof.Bhim Singh said that the Govt. of India has failed to identify his nationality and take appropriate steps under the universal human rights in the Charter of the United Nations where India is also a signatory. Bhim Singh also mentioned the plight of 25 mentally challenged prisoners who have been rotting in Amritsar jail for the past over 10 years without any case registered against them. The Chief Justice observed that the Attorney General may look into the details and work out a system with the petitioner (Bhim Singh) so that the government may take appropriate steps for the release of the prisoners who have completed their respective sentences in Indian jails.
The Supreme Court according observed that those who have completed their sentences need to be released without any delay as the court is interested that rule of law prevails and none shall be deprived of equity and justice. The Supreme Court wanted to know from the Attorney General as to why one Muhammad Mubashir aka Ali Badar in Jodhpur Central Jail completed his sentence on 28.02.2014 has not been repatriated when his identity has been confirmed.
The Supreme Court directed the Attorney General to submit the government view on fast-track courts within four weeks.
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