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After 8 years in Indian prison, 84-year-old Pakistani returns home

Following the intervention of the National Human Rights Commission, an 84-year-old Pakistani national imprisoned in India since June 1990 has been repatriated to his homeland.

NHRC sources said the central government decided to send back Sazwara Khan on humanitarian grounds considering his old age.

Khan finally went home on June 5.

Khan, who was imprisoned under Section 109 of the Criminal Procedure Code, had approached the Commission in June 1995 along with four other Pakistanis -- all of them imprisoned in various prisons in Rajasthan -- stating they had already completed the sentence awarded by the courts and hence, their ''continued incarceration was illegal and unconstitutional''.

Khan was initially awarded six months imprisonment and Rs 100 as a fine by a court in Raisingh Sagar. But due to the non-payment of fine he had to undergo imprisonment for another two months. He was awarded a similar punishment in another case registered in the special police station at Jaipur and was lodged in a sub-jail at Hanumangarh.

In protest against their continued detention, the five prisoners were planning to go on hunger strike, sources said.

The NHRC took up the matter and issued a notice to the chief secretary of Rajasthan government and Union home secretary on July 20, 1995, directing them to reply within six weeks.

"The Commission also approached the Pakistan high commission for Khan's repatriation but they did not respond," sources said, "It then approached the external affairs ministry which agreed to repatriate Khan."

The ministry requested the Pakistan high commission to make arrangements for Khan's repatriation at the earliest. Whereupon, sources said, the Pakistan government responded positively.

Regarding the four other complainants -- Mohammad Ibrahim, Mohammad Azim, Manjoor Ahmed and Mushtaq Ahmed -- the Rajasthan government said they were Pakistani security prisoners. As per the government's direction the 'Pak nationals' have to be exchanged for 'Indian nationals' detained in Pakistan.

The ministry further intimated to the Commission that at present about 801 Indian prisoners are being held in Pakistani jails for a long time, and in case India releases the Pakistani prisoners, the country would lose whatever leverage it has in arranging the release of Indian security personnel.

The ministry said it had sent a note to the Pakistan government mentioning the names of the complainants and the names of the Indian prisoners who could be released in exchange. A reminder was also sent, but no response has been received yet.

UNI

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