New Delhi: The Supreme Court on Wednesday issued notice to the central government and sought its response over a petition seeking the repatriation of Indian army officers who are in Pakistan as prisoners since the 1971 war.
The bench comprising Justice DY Chandrachud and Justice Surya Kant was hearing the plea filed by Jasbir Kaur, wife of Major Kanwaljit Singh, who has been held in Pakistan illegally since the 1971 war. "The perpetrators of the heinous crimes of illegal detention and torture of helpless prisoners of war, against the universally applicable Geneva Convention, have not been brought to book till date and nor have their respondents succeeded in release of single out of the 54 PsOW despite the existence of specific bilateral agreement and force between the respondent UOI with the detaining power government of Pakistan which is also shielding the perpetrators of crimes against humanity committed upon Captain Saurabh Kalra and his men," reads the plea.
Considering the importance of the matter, the bench issued a notice returnable within 3 weeks in the writ petition. The petitioner cited some already pending matters regarding the same in the court. She cited a case before the Gujarat HC wherein it was noted by the HC that 54 prisoners of war have been living a miserable life for almost 50 years now. She said that instead of enforcing the soldiers' rights, the government has been only delaying so much so that a relief granted by the HC in 2011 on a 1999 matter still stands where it stood 49 years ago.
She contended that the centre and especially the Indian army have not taken any concrete steps for effective enforcement of the Geneva Convention despite the lapse of 70 years since it came into force. "(They) not even stepped out of their comfort zone and day to day existence on the subject matter". "There are multiple remedies and appropriate actions available under the framework of Geneva convention besides the remedy of ICJ for adjudication of any breach of international convention, norm, obligation or treaty. None have been effectively exercised by the respondents despite adequate and potent legal capacity to do so in respect of matters of PsOW in hand," the petition added.
"The plea prays for directions to the government to procure a list of prisoners of war who were scheduled to be repatriated by Pakistan succeeding 1971 war but have not been. It prays for inquiry into the death of Captain Saurabh Kalia and his 5 men, directions to approach ICJ against Pakistan, issue fresh legislation and amendment in Army rules to prevent being taken PsOW," the petition added. It also sought observance of 'Prisoners of War Day' nationally once a year.
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