India's Supreme Court asks why Pak prisoners after serving sentence should not be repatriated

New Delhi, Apr 10 (PTI) Asking why mentally unsound Pakistani prisoners who have completed their sentences should not be repatriated, the Supreme Court of India today said the issue should be taken up at the highest level by the two countries. "Should not such matters be taken up at the highest level when the heads of the state meet?," the bench asked while indirectly referring to the Sunday visit of Pakistani President Asif Ali Zardari to India. A bench of the apex Indian court headed by Justice R M Lodha also asked the Indian government why they should not be repatriated, saying such detention "pains us". It was referring to 21 prisoners, 16 of whom are mentally unsound and five are deaf and dumb and are languishing in jails despite serving out their sentences. The issue of ailing Pakistani microbiologist Khaleel Chishti, lodged in a Rajasthan jail, had been raised during the lunch hosted for Zardari during his day-long visit to India on Sunday. Home Minister P Chidambaram is understood to have said that the Chishti case was before the court which was yet to take a view on the matter, according to sources. The court asked the Centre to find out in three weeks what can be done for sending back these prisoners to their country and posted the matter for further hearing on May 2. "There is no doubt that the best of facilities are being provided to such prisoners in detention centres but the problem is why they are not being repatriated. What is the impediment? Such detention pains us," the bench said. "Top most priority has to be given to these cases. They are mentally unsound and deaf and dumb. They have served out their sentences. They have been kept in jails because of some problem but that cannot be an indefinite exercise," the bench said. The Centre contended that these people cannot be sent back without their identification being proved. The bench then said, "How would you be able to do so even after six months or one year. Problem would continue. You must tell us what should be done." The court was hearing a public interest litigation filed by J&K Panthers Party leader Prof Bhim Singh seeking its direction to the central Indian government for repatriation of Pakistani prisoners lodged in various jails across the country even after completion of their sentences. PTI