Author: PTI
Publication: Rediff.com
Date: December 23, 2011
URL: http://www.rediff.com/news/report/fifty-four-prisoners-of-1971-war-still-in-pak-jails-guj-hc-writes-to-centre/20111223.htm
The Gujarat high court on Friday directed
the Union of India to approach the International Court of Justice within two
months for the release of 54 1971 prisoners of war languishing in Pakistani
jails.
Observing that there was an alleged breach
of Simla Agreement by Pakistan, division bench of acting Chief Justice Bhaskar
Bhattacharya and Justice J B Pardiwala also directed the Union of India to
pay next to the kin of 54 POWs full salary and retirement benefits within
three months. The court further directed that once the POWs are released the
next to kin would have to return the compensation amount to them. It also
observed that by not approaching the ICJ, it was inaction on the part of central
government for not protecting rights of citizens who protect country's boundaries.
The petition was filed in 1999 by late Lt
Gen Jagjit Singh Arora who had sought direction from the court for the central
government for release of POWs of 1971 war languishing in Pakistan prisons.
Arora had prayed that the POWs be treated as soldiers on duty and their families
be given adequate compensation.
The Gujarat high court in January 2010 had
imposed a fine of Rs 10,000, twice, on the ministry of defence for not filing
appropriate reply in the case for over 10 years despite repeated notices from
the court.
According to the Shimla Agreement, India has
sent back Pakistani POWs while the neighbouring country also sent 632 soldiers.
But in 1999, it was found that 54 POWs were still languishing in Pakistani
jails out of which two are from Gujarat -- Kalyan Rathod from Sabarkantha
and pilot N Shanker from Vadodara.
Other Indian prisoners who came back from
Pakistan jails gave details of those who are still lodged there along with
their names and origin. A Rajkot- based lawyer M K Paul is spearheading the
campaign for the release of 54 POWs since 1998.
