Judicial bench interrogates detention procedure
PTI | January 24, 2012
The supreme court on Tuesday pulled up the union government for prolonged incarceration of several Pakistani prisoners in Indian jails despite their having completed their sentences.
"There is total inaction and laxity on the part of the government".
"We are more concerned about the liberty of the persons who continue to be in jails despite serving their sentences," said a bench of justices R M Lodha and H L Gokhale while ruing that some prisoners had been kept in detention even without having any case registered against them.
"Please show us the procedure under which you have detained and kept them for prolonged incarceration. We are more concerned with the question of substantial justice which should prevail over the procedures," the bench observed
The bench pointed out that the prolonged detention of foreign nationals was violative of the constitutional right of the life and liberty granted under Article 21 to every person in the country, including the foreign nationals, infraction of which cannot be condoned by the courts.
The apex court directed additional solicitor general Vivek Tankha to furnish to the court the government's policy, if any, for dealing with such foreign nationals.
The apex court pointed out that the case relating to the alleged illegal detention of foreign nationals was pending with the courts since 2005 but the government was not taking any steps to deport them, even after they having completed their respective prison terms. .
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