JOIN USSC issues notice to Centre on plea for mechanism to release prisoners of war from Pakistan
The Supreme Court on Wednesday issued notice to the Centre and others on a PIL filed by the wife of a prisoner of war, Major Kanwaljit Singh in Pakistan, for establishing a mechanism for effectively enforcing the right to life under Article 21 of the Constitution.
A bench of Justices D Y Chandrachud and Surya Kant said that the plea raised an important issue, as it sought a response from Ministry of External Affairs, Ministry of Defence, and the Chief of Army Staff made parties in the matter.
The plea, filed through advocate Namit Saxena, sought a direction to all the respondents to approach the International Court of Justice (ICJ) against Pakistan with appropriate judicial remedies, which are binding in nature for release of all the Indian PoWs held under the torturous custody, in violation of the Geneva Convention for Treatment of Prisoners of War.
The plea has been filed by Jasbir Kaur, the wife of Major Kanwaljit Singh, and Bir Bahadur Singh, a retired soldier of the Indian Army, who is the secretary general of Voice of Ex-Servicemen Society.
The plea contended that the state functionaries have to evolve methods and strategies to safeguard every citizen's rights, including the rights of PoWs.
The plea said that Kaur's husband was among the 54 known PoWs detained by Pakistan since the 1971 Indo-Pak war.
It also sought a direction for procuring from the International Red Cross, the list of PoWs, who were scheduled to be repatriated by Pakistan in years succeeding the 1971 war, but ultimately not repatriated as scheduled.
The plea also claimed the Union government and specifically the Indian Army, have not initiated any concrete steps for establishment of a mechanism for effective enforcement of provisions of the Geneva Convention.
"The utmost suffering and trauma is evident from the overwhelming admitted reality that 54 PoWs, narrated in the Gujarat High Court judgement dated December 23, 2011, who are worthy soldiers of this great nation, are living a miserable life for almost 50 years now," the plea pointed out.
The plea said the lack of will to ensure observance of Geneva Convention, has led to repeated gross violation, with even more rigour and perpetuity, ultimately leading to the conscious shaking incident of Capt Saurabh Kalia and his men during the Kargil War in 1999.
Watch latest videos by DH here: