ISLAMABAD - The Indian High Commission here on Wednesday approached the Islamabad High Court (IHC) for the release of an Indian national Rafiq Jutt arrested by the Pakistan Army in 2008 and was tried and convicted for five years imprisonment in 2012.
A single bench of IHC comprising Justice Aamer Farooq conducted hearing of this petition as an objection case since IHC registrar office had raised objections that the power of attorney was not properly signed and relevant parties were not nominated as respondents.
The Indian High Commission withdrew this petition after the IHC bench sustained office objections.
According to the legal counsel for Indian High Commission, Malik Shahnawaz Noon, they will file this petition once again after making necessary changes.
The high commission moved this petition through Malik Shahnawaz and nominated federation of Pakistan through secretary interior, secretary defense, home secretary Ministry of Interior Sindh and secretary Ministry of Foreign Affairs as respondents.
It was stated in the petition that the convict was a Muslim and an Indian citizen of the state of Gujrat who visited Pakistan on a valid visa in 2008 when Pakistan Army apprehended him.
The petition added that after being arrested Rafiq Jutt was tried under Pakistan Army Act (PAA) Section 59 read with Section 3 of the official Secret Act 1923. Jutt tried to prove his innocence before the court but he was convicted for five years rigorous imprisonment.
He was kept at various jails and presently he is confined at Central Jail, Karachi.
It continued that the sentence was awarded to him on March 8, 2012 that expired on March 7, 2017.
Since, Jutt completed his sentence and now the authorities have no concern with him and he may be released.
The petitioner contended that Jutt was an Indian citizen and hence his matter directly cames under the Ministry of Interior Pakistan who had authority to arrange release of the convict by ordering the home secretary Sindh.
It argued that there are no other allegations on the convict and he could not be kept behind the bars.
The petitioner said that immediately after completing sentence, the convict was liable to be released but till this time he was not.
The Indian High Commission adopted that during Jutt’s period of punishment only two opportunities were afforded to the high commission officials to meet the convict on June 1, 2012 and June 5, 2013.
It said that it forwarded many requests to the officials of the Ministry of Foreign Affairs for the release of the convict on humanitarian grounds as he was also suffering from tuberculosis but no reply was given.
Therefore, the petitioner prayed before the court to direct the respondents to arrange the release of Rafiq Jutt.
Shahid Rao