BHIM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard these matters for some time and we are pained to observe that the Union of India has failed to see the concern and urgency that is called for by the prisoner's right to personal liberty.

(2.) The matter has been lingering for repatriation of large number of foreign prisoners on one ground or the other although they have served out their respective sentences awarded to them.

(3.) From the Annexure 'C' annexed with the Additional Affidavit filed by Payingattery Venkiteswaran Sivaraman, Director (Foreigners) in the Ministry of Home Affairs, Government of India, on November 28, 2011, it transpires that large number of foreign nationals have completed their sentences but their deportation has been mainly withheld because of delayed Special Consular Access. In Clause (iv) of the Agreement dated May 21, 2008 entered into between the Government of the Republic of India and the Government of the Islamic Republic of Pakistan on Consular Access, it is provided that each Government shall provide Consular Access within three months to nationals of one country of arrest or detention or imprisonment in the other country. From the above Annexure 'C', it transpires that Consular Access, which ought to have been provided within three months of the arrest or detention of the Pakistani nationals, has not been done in time. In most of the cases, Consular Access has been provided only on completion of the sentence. This is apparently not in conformity with the Agreement on Consular Access between the two Governments (Government of the Republic of India and the Government of the Islamic Republic of Pakistan). Because of this reason, there has been delay in verification of national status of the prisoners who have served out their sentences.