The Delhi High Court has dismissed a PIL seeking direction to the Centre to take steps for setting free more than 50 Indians lodged in the Pakistani jail quoting the government of India continue its efforts to release them.
A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw accepted the Centre's submission that all possible steps in this regard have been taken with Islamabad at all levels and dismissed the two PILs filed by Madangopal Khushiram Paul, an advocate and human rights activist, seeking the release of Indian prisoners and also awarded compensation for them.
The bench while accepting the argument that the government has implemented the NHRC's directions passed in 2007 said that they do not find any merit in these petitions and therefore they are dismissed and asked the Government to continue their efforts for release of these prisoners.
The court also dismissed the petitioner's plea for compensation to the prisoners who have been released from the Pakistani jail but not yet financially compensated by the Indian government.
The court further accepted the Centre's argument that none of the prisoner's was either a soldier or government of India employee, and it was not binding on the centre to pay compensation.
The court said that the Centre, the respondents in the instant cases deny that any of the persons for whose benefit the petitions have been filed, were either soldiers or employed by the Indian Government. If they were arrested and imprisoned by the Pakistani authorities owing to have intentionally or mistakenly crossed the border and the government of India cannot be directed to pay compensation.
News reported by AR for News vision online news blog