While the death of Sarabjit Singh, an Indian prisoner, evoked no compassion in Pakistan, back home the Supreme Court has sought answers from the Centre and Jammu & Kashmir Government over the retaliatory attack on a Pakistani prisoner, who is still reported to be serious.
Stepping in after an application was moved by a senior lawyer Bhim Singh, who is pursuing the matter of illegal detention of foreign prisoners in Indian jails, the Bench of Justices RM lodha and Kurien Joseph said, “We understand that in such cases, passions run wild but the State as the law enforcement agency should ensure these things don’t happen.”
The injured inmate Sanaullah’s was attacked by inmates at Jammu jail on May 3, a day after Sarabjit was killed across the border in a brutal attack inside Pakistani jail. In a slant reference to Sarabjit’s death, the court said, “Our rule of law is very strong….Such an incident can’t be accepted in our law.”
Additional Solicitor General (ASG) PP Malhotra who appeared for Centre argued that the injured prisoner is a hardcore terrorist serving a life term under TADA. But the court said, “Merely because a person is lodged in jail, he does not lose his Article 21 right…Jail authorities have to ensure life of inmates is not put to jeopardy.”
Not accepting this to be a one-off incident, the bench sought the response of the Centre as similar incidents had come to its notice in other parts of the country due to gang wars inside jail. The bench asked the Government to suggest what steps were intended to ensure such incidents are prevented in future. In the present case, J&K Government was asked to inform on the action taken against the officials responsible for preventing this attack.