An ailing doctor awaits justice

31 Jul, 2011

While New Delhi witnessed the new foreign minister of Pakistan, Hina Rabbani Khar, making a joint declaration with her Indian counterpart S M Krishna on efforts to reduce tension between the nuclear-armed neighbours in this volatile region, one man still awaits the attention of the higher ups for his long-awaited homecoming.
Dr Khaleel Chishty, an eminent virologist who has a PhD from Edinburgh University, was travelling to India in 1992 to meet his mother where he was caught in middle of series of some unfortunate incidents which led to his arrest. Following an arduous trial lasting for 19 years, Dr Chishty was convicted and awarded life sentence. Dr Chishty is currently being treated at Ajmer prison's hospital due to his deteriorating health and has not been given due attention or importance by the governments of Pakistan or India.
It must be noted here that besides Dr Chishty, there were three other men who were convicted along with him, yet they were all pardoned. The incomprehensible reason to turn down the doctor's plea, as given by the Rajasthan High Court, was their observation that due to his Pakistani nationality, "no leniency" could be shown to him.
The discriminatory attitude towards Dr Chishty on the basis of his nationality reflects the villainous image of the "other" with which national rhetoric has successfully stamped peoples' minds in both countries. Dr Chishty has been languishing in Indian jails for almost 20 years now. Only last month, a petition filed by former law minister Iqbal Haider to the Supreme Court of Pakistan on behalf of Dr Chishty for his release was rejected by the apex court.
Yet, with growing pressure from civil rights activists from both sides of the border, things have slightly picked up in favour of Dr Chishty. Numerous articles have been written, advocating for his release. Moreover, an Indian Supreme Court judge personally appealed to Indian PM Manmohan Singh to release Dr Chishty on humanitarian grounds. Supporters have also cited the example of the pardon granted by President Zardari to an Indian prisoner Gopal Das who was incarcerated for 27 years, on an appeal from the Supreme Court of India and asked the Indian government to reciprocate the goodwill gesture.
The silver lining in this case has been the interest shown by Home Minister P. Chidambaram, who has pleaded to the Chief Minister of Rajasthan to resolve the matter as quickly as possible. The decision-making has, however, hit a snag due to an imminent cabinet reshuffle in New Delhi, as the Governor Rajasthan Shivraj Patil, who can authorise the pardon for the ailing doctor, is among the possible candidates for becoming a minister.
As India and Pakistan foreign ministers meet for a fresh round of dialogue, it is expected that while discussing matters of mutual interest, the topic of exchange of prisoners will also be brought on the table. It is a well-known fact that the two countries often arrest civilians for minor offences, such as trespassing marine borders or staying beyond visa expiry. Tragically, all of this is done at their and their families' expense who bear the brunt of the egotistical decision-making of both governments. Nonetheless, every time the two warring nations make an effort to reduce the friction, they resort to the tried and tested method of releasing poor fishermen who get arrested for crossing marine borders, often after spending years in jails in deplorable conditions. For all practical purposes, they might as well be termed doves, the symbol of peace and freedom for both governments.
This time as well, both India and Pakistan released - as a goodwill gesture - 87 and 24 fishermen, respectively, two days before the meeting of foreign ministers. But the arrest and release of fishermen as a symbolic gesture will not be sufficient in face of the maltreatment being meted out to the respected doctor. It has been nearly two decades since Dr Chishty left Pakistan on that fateful trip to Ajmer. Governments on both sides must ensure that while discussing regional matters, they should not forget the plight of an old man seeking justice from a hospital bed. Dr Chishty must be allowed to return home before his time runs out.

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