Joint Statement on Sixth meeting of the India-Pakistan Judicial Committee on Prisoners to Pakistan


 

May 03, 2013

  1. Members of the India-Pakistan Judicial Committee on Prisoners visited Pakistani Jails in Karachi, Rawalpindi and Lahore from April 26-May 1, 2013. The members of the Committee, Justice (Retd.) Mr A.S Gill and Justice (Retd) Mr. M.A Khan from the Indian side and Justice (Retd) Abdul Qadir Chaudhry, Justice (Retd.) Mr. Nasir Aslam Zahid and Justice (Retd.) Mian Muhammad Ajmal from Pakistan side visited the Jails.
  2. A total number of 535 Indian prisoners including 483 fishermen (including 11 juveniles) and 8 civil prisoners, believed to be Indian nationals at District Jail Malir, Karachi, 8 Prisoners, believed to be Indian nationals at Adiyala Jail, Rawalpindi and 36 Prisoners, believed to be Indian nationals at Kot Lakhpat Jail, Lahore were presented before the Committee.
  3. The Committee also visited Jinnah Hospital, Lahore and saw Indian prisoner Sarabjit Singh, who was admitted in the Intensive Care Unit of the Hospital on April 26, 2013 following an assault on him by few other inmates in the prison and is in a state of coma. The Committee interacted with the doctors about the prognosis of the case. The Committee noted the unfortunate incident of violent attacks on two Indian prisoners at Kot Lakhpat Jail, Lahore and recommended that Jail authorities to ensure adequate security for all Indian prisoners to avoid any such incident in the future; and would review the arrangements during its next visit to Kot Lakhpat Jail, Lahore. The Committee also recommended that detailed report of the official inquiry conducted by relevant Pakistani authorities on the assault on Sarabjit Singh on April 26, 2013 be shared with the members of the Committee at the earliest.
  4. The Committee was also informed about escape of one under-trial Indian fisherman from District Jail, Malir, Karachi on February 11, 2013 and detention of the crew of the two Indian wooden vessels along with its cargo, off Pasni, Pakistan on April 18/19 by Pakistan authorities and requested Pakistan side to apprise about these two incidents to Indian side at the earliest.
  5. The Committee noted with satisfaction that as per the Agreement on Consular Access signed on 21st May 2008 between the two countries, the list of prisoners was exchanged on 1st January 2013. The Committee appreciated the release of 684 Indian fishermen and 30 Indian civil prisoners by Pakistani authorities and 96 Pakistani fisherman and 59 Pakistani civil prisoners by Indian authorities since January 2012 till date.
  6. On the conclusion of the visit, the Committee made the following recommendations:

a) The “Consular Access Agreement” of May 2008 signed between two governments be implemented in letter and spirit and consular access must be provided within three months of the arrest and not after completion of the prisoners’ prison term. Complete details of charges on the prisoners and a copy of court’s judgment of the sentence be shared in each case. The prisoners must be repatriated within one month of confirmation of national status and completion of sentences;it was noticed that in District Jail Malir, Karachi, there were 29 Indian prisoners who had completed their sentence more than a month ago; it was recommended that they be released and repatriated before May 17, 2013 and the two Governments should make all efforts that the time schedule is complied with strictly.

b) Consular access must be provided immediately to all those prisoners who have not been given consular access so far and the process of nationality confirmation should start immediately after consular access is provided;it was found that there were 459 fishermen and 10 such civil prisoners in the three jails for whom consular access was not provided. The Committee recommended providing consular access to all such prisoners and fishermen before May 17and the Pakistani side agreed for the same.

c) Consular access be provided to all prisoners/fishermen who are believed to be Indian, in Pakistani jails and vice versa, every year, at least four times, namely in the first week of February, first week of May, first week of August, and first week of November.

d) The Committee noted that several names of prisoners had been dropped from the successive lists of prisoners, believed to be Indian, which were shared by Pakistan side twice every year. It is recommended that Pakistan side provide a formal verification to Indian side and vice versa if any names were left out from the previous list of prisoners, so that each side could follow up on each case and discrepancy in list maintained by each side reduced.

e) A mechanism should be developed for compassionate and humanitarian consideration to be given to women, juvenile, mentally challenged, old aged and all those prisoners suffering from serious illness/permanent physical disability;Indian prisoners (like Pakistani prisoners in Karachi jail) should be allowed to make phone calls to their relatives in India at least once a month. The Indian prisoners appreciated the provision of basic necessities to them by the Prison and further demanded that they should be given some additional facilities. It is recommended that the existing facilities be continued and additional facilities required be provided by the Prison Authorities. Further, High Commission of India is allowed to supplementing any such requests for Indian prisoners.

f) It was also recommended that serious/terminally ill, mentally challenged and deaf and mute prisoners must be kept in appropriate hospitals/special institutions irrespective of confirmation of their national status and offence;it would noticed that 1 prisoner in District Jail, Malir, Karachi, 2 prisoners in Adiyala Jail, Rawalpindi and 20 prisoners in Kot Lakhpat Jail, Lahore were mentally challenged; additionally, copies of the FIR, medical report and photograph at the time of their detention, to be shared with the High Commission of India, so that renewed efforts could be made to confirm their nationality; moreover, effort should also be made to rule out that these prisoners are not Pakistani nationals.

g) While noting that mortal remains of Mr Chambail Singh, Indian prisoner at Kot Lakhpat Jail, was repatriated to India after a lapse of nearly 2 months after his death on January 15, 2013, the copy of the post mortem report has not yet been shared with Indian side. It was recommended that post mortem report of Mr Chambail Singh be shared with the Indian side without any further delay.

h) Prisoners involved in minor offences like violation of Foreigners’ Act, visa violation and inadvertent border crossing deserve compassion from both the sides.

i) The Committee noted that the respective courts must be requested for expeditious trial of all “under trial” prisoners. Respective High Commissions should create a panel of good repute lawyers/firms to pursue the cases of their prisoners in the local courts to locate, identify and defend such prisoners at all stages of their cases, if the prisoner(s) so wishes.

j) The Committee also endorsed the recommendations of the Home/Interior Secretary level talks held on 28-29 March 2011 at New Delhi to task the Pakistani Maritime Security Agency and Coast Guard of India to work on setting up a mechanism for release of inadvertent crossers (fishermen) and their boats, on the same lines as the inadvertent crossers on land; It was recommended that the fishermen should be repatriated by sea lanes along with their boats;a delegation of boat owners could visit Pakistan within the next 3 months to inspect all the Indian fishing boats detained in Pakistan so that decision could be taken regarding their return to India or sale in Pakistan, in consultation with concerned authorities and the same action be taken for return of Pakistani fishing vessels detained in India.

k) It was suggested that, subject to the confirmation of dates by both the sides through diplomatic channels, the next visit of the Committee to Indian jails will be arranged during the second half of September 2013 for at least 7- 9 days to ensure that the Committee is able to see each case in detail.

l) The Committee will review the action taken report on the earlier recommendations when the Committee meets next in India.

Justice (Retd.)Mr A.S Gill                                                             Justice (Retd.) Abdul Qadir Chaudhry
Justice (Retd.) Mr. M.A Khan                                                        Justice (Retd.) Mr. Nasir Aslam Zahid
                                                                           Justice (Retd.) and Mian Muhammad Ajmal

Lahore
April 30, 201

 

Living Through Terror, in Rawalpindi and Boston


April 16, 2013

By HAIDER JAVED WARRAICH, NYT

BOSTON

I WAS in the middle of having Chinese food with my wife and friends yesterday afternoon when we heard the dull and deathly reverb. The water in our plastic cups rippled. We looked at one another, and someone made a joke about that famous scene in “Jurassic Park.” We tried to drown the moment in humor. But then a rush of humanity descended upon us in the Prudential Center on Boylston Street, right across from where the second bomb blast had just occurred, near the marathon’s finish line.

People gushed across the hallway like fish in white water rapids. It was a blur of bright clothes and shiny sneakers, everyone dressed up for Patriot’s Day weekend on what was moments ago a beautiful spring day. Instantly, images of the shootings in Aurora, Colo., Newtown, Conn., and Tucson came to mind. I felt my thoughts reduced to singular flashes. My life, all of it, was the first. My wife, sitting across me, was the second. I yelled out to her to run, and we did, not knowing what had happened, only that it had to be something terrible.

We ran out of the food court and onto the terrace overlooking Boylston Street. We could see people fleeing from the finish line even as, in the distance, other weary marathoners kept running unknowingly toward the devastation. What was left of the food court was a land frozen in an innocent time, forks still stuck in half-eaten pieces of steak, belongings littered unattended. I felt fear beyond words.

This was not my first experience with terror, having grown up in Pakistan. But for some reason, I didn’t think back to those experiences. Looking onto to the smoked, chaotic Boylston Street, I forgot about cowering in my childhood bedroom as bombs and gunfire rained over the army headquarters in Rawalpindi, close to our house. My mind did not go back to when I stood on the roof of my dormitory in Karachi as the streets were overrun with burning buses and angry protesters after the assassination of Benazir Bhutto. None of the unfortunate experiences of growing up in the midst of thousands of victims of terror, personally knowing some of them, helped me in that moment. Nothing made it any easier.

Perhaps, if I had been thinking more clearly and hadn’t had my wife with me, I might have gone down to try to help the wounded. But at that moment all I could think about was getting us out of there. We lost our friends, then found them again. Our cellphones weren’t working. And then, as we worked our way through the dazed throngs in Back Bay, I realized that not only was I a victim of terror, but I was also a potential suspect.

As a 20-something Pakistani male with dark stubble (an ode more to my hectic schedule as a resident in the intensive-care unit than to any aesthetic or ideology), would I not fit the bill? I know I look like Hollywood’s favorite post-cold-war movie villain. I’ve had plenty of experience getting intimately frisked at airports. Was it advisable to go back to pick up my friend’s camera that he had forgotten in his child’s stroller in the mall? I remember feeling grateful that I wasn’t wearing a backpack, which I imagined might look suspicious. My mind wandered to when I would be working in the intensive care unit the next day, possibly taking care of victims of the blast. What would I tell them when they asked where I was from (a question I am often posed)? Wouldn’t it be easier to just tell people I was from India or Bangladesh?

As I walked down Commonwealth Avenue, I started receiving calls from family back home. They informed me about what was unfolding on television screens across the world. I was acutely conscious of what I spoke over the phone, feeling that someone was breathing over my shoulder, listening to every word I said. Careful to avoid Urdu, speaking exclusively in English, I relayed that I was safe, and all that I had seen. I continued to naïvely cling to the hope that it was a gas explosion, a subway accident, anything other than what it increasingly seemed to be: an act of brutality targeted at the highest density of both people and cameras.

The next step was to hope that the perpetrator was not a lunatic who would become the new face of a billion people. Not a murderer who would further fan the flames of Islamophobia. Not an animal who would obstruct the ability of thousands of students to complete their educations in the United States. Not an extremist who would maim and hurt the very people who were still recovering from the pain of Sept. 11. President Obama and Gov. Deval L. Patrick have shown great restraint in their words and have been careful not to accuse an entire people for what one madman may have done. But others might not be so kind.

Haider Javed Warraich is a resident in internal medicine at the Beth Israel Deaconess Medical Center.

 

Blasphemy case: Pak imam held for ‘implicating’ Christian girl- #Rimshacase


 

Islamabad, Sep 2, 2012, (PTI) :

In a new twist to the blasphemy case involving a minor Christian girl, an imam in the Pakistani capital was arrested and remanded to 14-day judicial custody today for allegedly planting pages of the Quran in her bag and using it to implicate her under the controversial law.

Khalid Chishti, the prayer leader of Jamia Aminia mosque in the low-income Mehria Jaffar neighbourhood of Islamabad, was arrested last night after a man testified that he had seen the cleric stuffing pages of the Quran in the bag of the Christian girl named Rimsha Masih.

The bag originally contained only some other papers and ashes.
The witness, Hafiz Muhammad Zubair, recorded a statement against the cleric before a magistrate.

Police subsequently arrested Chishti on the basis of this statement.
Chishti was produced before a judicial magistrate, who sent him to Adiala Jail in Rawalpindi for 14 days.

Police officials said they expected Chishti to be charged under the controversial blasphemy law.

Earlier, Zubair told the media: “When the bag was brought to the mosque, there was nothing in it.    When he (Chishti) was given the bag, he went into the mosque and pulled out two or three pages and added them to the bag.

“I told him what he was doing was wrong. He told me it is evidence against the Christians and a way to get them removed (from the area),” Zubair said.

The incident had occurred while Zubair and some other men were in ‘aitekaf’ (seclusion) in the mosque during the holy Islamic month of Ramzan.

Zubair said a neighbour of Rimsha named Malik Ammad, the complainant in the case, handed over the bag with the pages of the Quran to the police.

Chishti had acknowledged in a television interview last week that he had, during a recent sermon, called for the eviction of all Christians from the neighbourhood if they did not stop their prayer services because “Pakistan is an Islamic country given by Allah.”

Pakistan Ulema Council chief Allama Tahir Ashrafi asked the Supreme Court Chief Justice to take suo motu notice of the incident and initiate action against those who had really desecrated the Quran and them blamed the Christian girl for the incident.

Rimsha was arrested on August 16 after an angry mob surrounded a police station and demanded that action be taken against her.

She is currently being held at the high-security Adiala Jail.

Her judicial remand was extended by 14 days last week.

Though an official medical board concluded that Rimsha was aged about 14 years and that her mental development did not correspond to her age, the findings were challenged last week by Rao Abdul Raheem, the lawyer of Rimsha’s accuser.

A district and sessions court, which is hearing Rimsha’s case, is looking into Raheem’s allegations.

Rimsha’s bail hearing is scheduled to be taken up by the same court tomorrow.

The new evidence against the cleric could help defuse the religiously-charged case
against the girl.

The case has prompted concern from Western governments and the Vatican. It has also focused attention once again on Pakistan’s controversial blasphemy law, under which a person can be punished with life in prison or death.

Rights groups have warned that the law is often used to settle personal scores or persecute minorities like Christians.

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