The Supreme Court on Friday agreed to hear a plea filed by the mother of an Army officer looking for route to the Centre to take rapid steps by means of diplomatic channel for repatriation of her son, who’s lodged in jail in Pakistan for final over 23 years.
A bench headed by Chief Justice S A Bobde issued discover and sought response from the Centre on the petition filed by 81-year-old Kamla Bhattacharjee, mother of Captain Sanjit Bhattacharjee, looking for instructions to the authorities to intervene in the case on an ‘pressing humanitarian foundation’.
The plea mentioned the petitioner had acquired info that Sanjit, who was commissioned as an officer of Gorkha Rifles Regiment of Indian Army in August 1992, was lodged in Lahore’s Kot Lakhpat jail.
The petitioner mentioned that her household was knowledgeable in April 1997 that her son, who had gone for patrolling obligation at night time time on a joint border in Gujarat’s Rann of Kutch, was apprehended by the Pakistan authorities whereas finishing up operation reconnaissance alongside the worldwide borders on April 20.
‘The petitioner’s son in the span of previous twenty three years has not been given any alternative to state his case earlier than the suitable authority or allowed to talk along with his members of the family,’ mentioned the plea, filed by means of advocate Saurabh Mishra.
It mentioned in April 2004, the petitioner’s household acquired a letter from the Ministry of Defence stating that Sanjit was ‘presumed to be useless’.
The plea mentioned the petitioner later acquired a letter dated May 31, 2010 from a Major General, who was the then navy secretary to the President, which knowledgeable that Sanjit’s title had been added to an current lacking prisoners of struggle (POWs) checklist.
It mentioned the petitioner was knowledgeable that difficulty of lacking defence personnel was taken up with Pakistani authorities a number of instances on the highest degree, together with throughout the Agra summit in July 2001, however the officers of Pakistan had knowledgeable that Sanjit couldn’t be traced.
‘The petitioner’s household awaits the return of Capt. Sanjit until date. The petitioner’s husband died on November 28, 2020, after ready for his son from previous twenty-three years. The petitioner herself at 81 in her previous age is craving for one sight of her son,’ the plea mentioned.
It mentioned in quite a few letters to the successive authorities, the household has persistently sought for justice for Sanjit and requested for doing the needful for his repatriation together with such different troopers.
It mentioned the petitioner’s household had additionally made few makes an attempt to contact the household of one other Army personnel, who additionally went lacking together with Sanjit on the time of patrolling in April 1997, however very restricted info was out there to decide the whereabouts.
‘The petitioner’s son and his companion weren’t captured throughout any struggle between the 2 nations however throughout the efficiency of their bona-fide official duties whereas patrolling on border.
‘As a consequence of this, the inclusion of his title in the checklist of POWs itself exhibits that the petitioner’s son is alive and in the jail of Pakistan,’ it mentioned.
It mentioned the petitioner’s household is entitled to be apprised with info, apropos the steps which were taken by authorities in the previous 23 years to guarantee justice to the Army officer, who has been languishing in jail for previous over 20 years in Pakistan particularly in the absence of any case registered towards him.
‘It is pertinent for the respondent to take instantaneous steps in this matter as a result of already twenty three years have handed because the petitioner’s son has been languishing in the jail of Pakistan with none fault,’ it mentioned.
‘It is most respectfully submitted that it’s the considerable obligation of the federal government of India to safeguard the precise to life of each citizen of India together with that of the petitioner’s son and make sure the assure of elementary rights and take applicable measures for early launch of the petitioner who has been illegally detained in Pakistan for no case filed towards him,’ the plea mentioned.
Referring to an earlier order of the (*23*) excessive courtroom, the plea mentioned authorities have failed to present an applicable purpose for refusing to method the International Court of Justice and making use of Geneva conventions.