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When I left Mumbai for Karachi on 16th April 2008, I did not have an inkling that I would also visit a Karachi jail and meet Indian prisoners. I had gone to speak at an International Conference on Access to Justice: Criminal Justice System. My topic was : “The Plight of Foreign Inmates: When Error Becomes Sin”. The Conference was from 17 to 19 April. On April 20th, we ie the Indian delegates, were surprised to receive an invitation to visit a Karachi jail. There were two other Indians with me. The visit was possible primarily because of the initiative taken by Nasir Aslam Zahid, former Pakistan Supreme Court Judge and Mohmad Yamin Khan, I.G. (Prisons), Sindh.
Karachi Central Prison is an old jail. As it was Sunday, no relatives
of prisoners were waiting to meet them. We were taken to the barrack
where 31 Indian Juvenile prisoners have been languishing for a period
ranging from a year to one and a half year. The barrack was clean, and
big and had two television sets. All the boys were sitting in a line.
They were properly dressed and had caps on their heads. We visited the
toilet of the barrack to see the conditions there. To our surprise the
toilets were absolutely neat and clean. Mr. Mohmad Yamin Khan told us
that they are trying to give the boys adequate facilities. He said he
was really feeling sorry for these young boys who are the victims of
poverty and circumstances. There were 33 Indian Juvenile prisoners in
all in Karachi. I could not meet two of them as they were in the
hospital. Of these two, one was released by Pakistan on 30th April and
is now under going medical treatment at the Mumbai's KEM Hospital.
The boys I met were between 15 and 18. They were from Gujarat,
Maharashtra and Union territory Diu. Most of them were from Junagadh's
Una taluka. There were 3 from Maharashtra. We made it clear that we do
not represent the Indian government and we cannot promise them any
thing. At the same time we assured them that we would try to raise
their issues before the concerned authorities and try to work towards
getting them released. I asked them in Gujarati about the problems that
they faced in the prison. Do they get proper and good food? They
instantly said that they have no complaint about food. Food and all
other things are fine. But, they said, please see that we are released
from here at the earliest so that we can return to our homes. One boy
told me that even if one gets best of things, a prison is ultimately a
prison. We want to return to our homes and be with our families.
A few of them are there for last eighteen months. It is very difficult
to ascertain as to who is responsible for their current situation.
There is a Protocol on Consular Access of November 1982 between India
and Pakistan and it provides for consular access on reciprocal basis,
to nationals of either country arrested, detained or imprisoned in the
other country. The Protocol was very outdated and it was modified in
May 2008, when the Foreign Ministers of India and Pakistan met in
Islamabad.
The boys whom we met had been working on the fishing boats and it is
almost impossible for fishermen to realise when they have entered into
the Pakistan's territory. Some of them told us that unless they go into
the deep sea they do not get a good catch of fish. These boys primarily
look into the nets and once fishes are caught, they segregate them for
cold storages, getting paid paltry salaries. They go to sea for a
couple of days, return with big catch and immediately leave for yet
another trip. They are always on the move and they get to go to their
home after months. There are more than 400 Pakistani prisoners in
Indian jails. Most of them, like Indian prisoners in Pakistan, are
innocent. There are around 670 Indians in Pakistani jails and most of
them are poor fishermen.
Both the countries need to set up some mechanism through which arrested
innocent persons can be released as soon as possible. Things have
started moving of late. Some understanding is emerging and there is a
consensus that both the countries should release innocent persons from
their prisons. One boy who had fallen ill was released on April 30th.
The remaining are likely to be released soon. The Indian High
Commission and Pakistan government are working in this direction. With
the new popular government in Pakistan and some of the federal
ministers being peace activists themselves, things will hopefully be
different in the coming days. There is a possibility that these 32 boys
and some senior Indian fishermen are likely to be released by the end
of the month.
The Pakistan-India Judicial Committee on Prisoners consisting of four
retired Supreme Court Judges from each country, visited Karachi prison
on 10th June and met Indian juvenile prisoners languishing there. They
will visit Indian prisons in July to meet the Pakistani prisoners. The
Committee recommended that the 34 Indian juvenile fishermen at present
confined at the Youthful Offenders Industrial School Karachi be
repatriated to India immediately and for that purpose necessary action
be taken for withdrawal of prosecution.
After visiting Pakistan's prison, a big question that is nagging my
mind is, would the Indian government ever allow Pakistani peace
activists to visit an Indian jail and meet Pakistani prisoners?
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