The Supreme Court of India has declined to entertain a petition concerning Pakistani prisoners incarcerated in various Indian jails. The bench, led by Justice M.M. Sundaresh, noted that a similar petition has been pending since 2005.
Due to this, the court expressed no interest in hearing the new petition.
The petition, filed by advocate Nitin Mittu from Phagwara, Punjab, highlighted that, according to data provided by the Ministry of External Affairs in 2024, 337 Pakistani prisoners were lodged in Indian jails.
Out of these, 103 prisoners had either completed their sentences or were acquitted but remained in custody. The petition sought an order from the central government to release these 103 prisoners.
The Pakistani prisoners in Indian jails face charges in various criminal cases, including murder, terrorism, and attempted infiltration. Despite their completion of sentences or acquittals, these prisoners remain in jail. Additionally, the issue of overcrowded jails has been a concern across India.
A report released by the National Legal Services Authority (NALSA) in 2024 highlighted that Indian jails are operating above their capacity. The report noted that 25,982 undertrial prisoners were released from jails across the country on the recommendation of the Undertrial Review Committee (UTRC), accounting for 5 per cent of the total prisoners.
This release was part of efforts to address the issue of overcrowded prisons in India.
The issue of overcrowded jails, along with the prolonged detention of prisoners despite the completion of sentences, continues to raise legal and humanitarian concerns in India. Despite the court’s rejection of the petition, discussions around the rights and conditions of prisoners remain ongoing.
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