SC invokes Faiz, asks Pak to release Indian prisoners

A bench of Justices Markandeya Katju and Gyan Sudha Mishra said it can only appeal to the Pakistan Government for their release as Indian courts do not have any powers to give directions to other countries.

"Cage is sad if the bird is not released," the bench quoted the famous lines of the Urdu poet.

"We cannot give any directions to Pakistan authorities because we have no jurisdiction over them. The Indian authorities have done all that they could in the matter.

"However, that does not prevent us from making a request to the Pakistani authorities to consider the appeal of the petitioner for releasing him on humanitarian grounds by remitting the remaining part of his sentence.

"At any event, we think it appropriate to make an appeal on humanitarian grounds to the Pakistan authorities to release the petitioner as he has served almost 27 years in jail," the apex court said in an order.

The apex court passed the order while disposing off a petition filed by family members of Gopal Dass complaining about his incarceration in a Lahore jail for the past 27 years after serving his sentence.

The bench after examining the counter affidavit filed by the Centre on the steps taken for the release of Dass and other similarly placed prisoners, asked Pakistan to consider the release of all other prisoners of Indian origin on humanatarian grounds.

"We, therefore, request the Pakistani authorities to consider the appeal of the petitioner for remitting the remaining period of sentence and release him (as well as other similarly  Indian prisoners) in the same spirit," the bench said in an order.

The apex court in the order quoted Pakistani poet and ghazal singer Faiz Ahmed Faiz: "Qafas udaas hai yaaron sabaa se kuch to kaho. Kaheen to beher-e-khuda aaj zikr-e-yaar chale."

The literal meaning of the poetry is: "The 'Cage' is sad, friend, say something to the breeze, Ocean of god is everywhere. Today let us hear about friends."