ISLAMABAD: The Ministry of Interior Thursday apprised the Islamabad High Court (IHC) that seven out of eight Indian prisoners, convicted of espionage, were released and sent back to India. It was told to a single bench of Chief Justice Athar Minallah, who heard the petitions filed by the Indian High Commission for the release of eight Indian nationals convicted by the military courts on charges of espionage and terrorism in Pakistan. The Interior Ministry also submitted a report.

Additional Attorney General Tariq Khokhar told the court that only one Indian national was behind the bars under the Official Secrets Act, 1923. He added that five prisoners were returned to India on Oct 26, and later, two more were released after completion of their prison terms.

The IHC chief justice asked under which law the prisoners were kept in detention even after the completion of their sentence period. He added that the prisoners who had completed their terms should be released from jail according to the law.

The bench ordered the state counsel to satisfy the court over the matter on the next hearing. The court also granted more time to the counsel of the Indian High Commission for the preparation of his arguments, and deferred the hearing till Nov 9 for further proceedings. In two identical petitions, the Indian High Commission cited the Federation of Pakistan through secretary interior and secretary foreign affairs as respondents, and requested the court to release the Indian prisoners including Birchu, Bang Kumar, Satish Bhag, and Sonu Singh as they have served their sentence.

The petition stated that the condemned prisoners were arrested by Pakistani military authorities and were charged under Section 59 of the Pakistan Army Act, 1954 and provisions of Official Secret Act, 1923.

It added, "It is the case of petitioners that they have not committed any offence and the entire proceedings initiated from the arrest till culmination in the ultimate conviction are an abuse of process of law but for the purpose of instant writ petition it would be a futile exercise to indulge into the legality of conviction and sentence as by now the condemned prisoners have already exhausted their respective period of sentences awarded by the FGCM."

Copyright Business Recorder, 2020