Supreme Court
The Supreme Court on Friday gave the Jammu and Kashmir government an additional 6 weeks to produce information on Pakistani nationals held under the Jammu & Kashmir Public Safety Act (PSA), 1978.
A bench of Justices Abhay S. Oka and Ujjal Bhuyan rescheduled the case for hearing on July 25 after being informed that crucial records were lost in recent floods.
During the hearing, government lawyers explained that files detailing the names, dates of arrest, and detention periods of foreign inmates had been destroyed when floodwaters inundated the archives. The court accepted this explanation, but stressed the importance of reconstructing the data. It therefore directed authorities to submit an updated roster of all Pakistani citizens detained under the PSA by the new deadline.
The matter traces back to a plea filed by the late Bhim Singh, senior advocate and former leader of the Jammu and Kashmir National Panthers Party. In his petition, Singh sought the unconditional release and repatriation of Pakistani nationals who had been held under PSA provisions. He argued that foreign detainees should not languish indefinitely once their terms had lapsed.
Earlier hearings revealed the court’s unease at reports of ex-detainees remaining behind bars well after completing their sentences due to Pakistan’s reluctance to accept them. The bench underscored that no individual, regardless of nationality, should be confined beyond the legal term. It directed the Jammu and Kashmir administration to devise a protocol ensuring the timely deportation of foreign convicts once they become eligible for release.
Looking Ahead To July 25
By granting this extension, the court aims to balance administrative challenges with the need for transparency and justice. On July 25, the bench will review the updated detainee list and any proposals the union territory government may have for coordinating with Pakistan’s authorities. The outcome will shape how India handles the post-sentence status of foreign nationals detained under security laws.
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