GOPAL DASS THRU. BROTHER ANAND VIR versus UNION OF INDIA AND ANR.

Citation: [2011] 3 S.C.R. 856 · Decided: 14-03-2011 · Supreme Court of India · Bench: MARKANDEY KATJU · Disposal: Disposed off
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Judgment (excerpt)

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[2011] 3 S.C.R. 856 
GOPAL DASS THRU. BROTHER ANAND VIR 
v. 
UNION OF INDIA AND ANR. 
(Writ Petition (Criminal) No. 16 of 2008) 
MARCH 14, 2011 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
CONSTITUTION OF IND/A, 1950: 
C 
Article 32 - Writ petition seeking direction to the Union 
of India to take steps for release of writ petitioner from jail in 
Pakistan - HELD: Supreme Court of India, for lack of 
jurisdiction, cannot give any direction to Pakistan authorities 
- Government of India on its own has been taking steps in 
D this regard - However, the Court requests the Pakistan 
authorities to consider the appeal of the petitioner for remitting 
the remaining period of sentence and release him (as well as 
other similar mdian prisoners) in the humanitarian spirit -
Pakistan Official Secrets Act, 1923 - s. 5913. 
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The petitioner, an Indian national, was awarded life 
sentence u/s 59/3 of the Pakistan Official Secrets Act, 
1923, by Field General Count Martial in Pakistan on 
27.12.1986, and since then was in jail in that country. The 
instant writ petition was filed seeking a direction to Union 
F of India to take immediate steps for his release and 
repatriation. In the counter affidavit filed on behalf of the 
Ministry of External Affairs, Government of India, it was 
stated that Government of India under an agreement was 
continually pursuing the issue of release of Indian 
G prisoners in jails in Pakistan. 
Disposing of the petition, the Court 
H 
856 
GOPAL DASS THRU. BROTHER ANAND VIR v. 
857 
UNION OF INDIA AND ANR. 
HELD: 
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This Court, for lack of jurisdiction, cannot give any 
directions to Pakistan authorities. However, the Court can 
make a request to the Pakistan authorities to consider the 
appeal of the petitioner for releasing him on humanitarian 
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grounds by remitting the remaining part of his sentence 
as he has served almost 27 years in jail. Recently, on the 
request of delegations of both India and Pakistan, the 
Pakistan Supreme Court, ordered release of 442 Indian 
prisoners languishing in Pakistan jails. (The Pakistan C 
Supreme Court deserves to be commended in this 
connection). They requested for slmilar release of 
Pakistani prisoners in Indian jails, and the Indian 
Government generously reciprocated the gesture by 
releasing many Pakistani prisoners in our jails. Thus there 0 
is a humanitarian spirit 6n both sides, which this Court 
applauds. Accordingly, this Court reques~ the Pakistan 
authorities to consider the appeal of the petitioner for 
remitting the remaining period of sentence and release 
him (as well as other similarly Indian prisoners) in the 
same spirit. [Para 8,9, 11-13) (859-H; 860-A-B; E-H; 
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861-A-E] 
CRIMINAL ORIGINAL JURISDICTION : Writ Petition 
·(Criminal) No. 16 of 2008. 
Under Article 32 of the Constitution of India. 
Saurabh Mishra, Arvind Kr. Sharma for the Petitioner. 
P.P. Malhotra, T.A. Khan, Anand Verma, Anil Katiyar for 
F 
lthe Respondents. 
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The Judgment of the Court was delivered by 
MARKANDEY KAT JU, J. 
"Qafas udaas hai yaaron sabaa se kuch to kaho 
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858 
SUPREME COURT REPORTS 
[2011) 3 S.C.R. 
A 
Kaheen to beher-e-khuda aaj zikr-e-yaar chale" 
-
FAIZ AHMED FAIZ 
1. This is a writ petition filed under Article 32 of the 
Constitution of India praying for a direction to the respondent, 
B Union of India, to take immediate and necessary steps for 
release and repatriation of the petitioner, who is allegedly 
detained in the Lahore Central Jail in Pakistan, through the 
diplomatic channel of the Ministry of External .Affairs, 
c 
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Government of India, New Delhi. 
2. It is alleged by the petitioner that he is an Indian national. 
He was intercepted and arrested by the Pakistan Border 
Security Force in July 1984 when he alleged to have mistakenly 
crossed over the lndo-Pakistan border into Pakistan. 
3. The petitioner was tried by a Field General Court 
Martial at Sialkot Cantonment in Pakistan and was awarded 
life sentenee on 27.12.1986 under Section 59/3 of the Pakistan 
Official Secrets Act, 1923. The said sentence was confirmed 
by Brigadier Mallik, Commander, 10th Brigade. He was lodged 
E in different jails, and presently is allegedly in Mianwali Jail in 
Pakistan. 
4. It is alleged that due to the petitioner's detention his 
whole family is suffering from the year 1986. His brother, 
F through whom this petition has been filed, made several 
representations to the concerned authorities of the Government 
of India requesting them
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