Below, my article on the India-Pakistan prisoners issue published in Aman ki Asha on Jan 11, 2012, followed by a correction from Sen. Iqbal Haider and further clarification from B.M. Kutty. Also please do read Shivam Vij’s thought-provoking and thorough report ‘Why is Gopal Das free and not Dr Chishty?‘, published in Aman ki Asha, and Anahita Mukherji’s report in The Sunday Times of India about how the Indian prisoners were treated in Pakistan (surprisingly well) - Warm memories of time in Pak jail.

Looking a New Year gift horse in the mouth

Pakistan’s release of 183 Indian prisoners on Jan 7, 2012 is a welcome step but it also highlights the ongoing issues faced by cross-border prisoners

By Beena Sarwar

On January 8, 2012, 183 Indians crossed the Wagah border from Lahore, bundled up against the bitter cold, many in shawls gifted to them in Pakistan, eager to return home after being released from Pakistani prisons.

Much hard work, persistence and the humanitarian view taken by the Lahore High Court lie behind their release, termed “a New Year gift” from Pakistan to India.

The story of this particular prisoner repatriation started in October 2011, when advocate Awais Sheikh filed a writ petition before the Lahore High Court seeking the release of two Indians, Satinder Paul and Karale Bhanudas, who remained in Pakistani prisons despite having completed their sentence.

On the Lahore High Court’s order to provide details on foreign nationals held in Pakistani prisons, Superintendent Jail submitted a list of 74 foreign nationals in prison, including 33 Indians, who had completed their terms of imprisonment.

Chief Justice of the Lahore High Court Ijaz Ahmed Choudry in his order of Nov 14, 2011, directed the release the two prisoners on whose case the petition was based, as well as all foreign prisoners who had completed their terms.

Pakistan’s Ministry of Foreign affairs cleared six Indian civilian prisoners for release. However, two of them, Sakhi Muhammad and Bhavesh Kanti Parmar, were not released for “unknown reasons”, says Awais Sheikh.

On Jan 7, 2012, Pakistan released 183 Indian prisoners, including Satinder Paul Singh, Sanjeet Kumar, Nasim and Sama Yousaf, and 179 Indian fishermen. They were brought to Wagah border on Jan 8th morning. The First Secretary of Indian High Commission along with three other ICH officers and an officer of Pakistan’s Interior Ministry, Islamabad, were also present.

It took them five hours at Wagah to complete the legal formalities at Customs, during which time advocate Awais Sheikh also remained with them. They finally crossed the border at 6.00 p.m.

“It was an unforgettable scene,” says Sheikh. “I bid them a hearty farewell with my best wishes. My apologies to them all for being kept in jails even after the completion of awarded sentence. I wish that sanity would prevail and I pray that my voice reaches the governments of both countries”.

Justice delayed

There are still 276 Indian fishermen in Pakistani jails. “Of these, 83 have already served their sentence but cannot be released because Indian authorities have not confirmed their nationality,” explains Justice Zahid. Foreign prisoners can only be freed after respective embassies confirm their identity.

This is also the case in India, which currently has 440 Pakistani fishermen in custody, according to former Pakistan law minister Iqbal Haider. He says that the nationalities of 285 of these prisoners have been determined, but “no assistance can be provided to the remaining 164 until their citizenship is established.”

Officials at India’s Ministry of External Affairs (MEA) say that India and Pakistan don’t want to detain fishermen from the other country. “Once they cross the border, the legal process begins. The process of verifying nationalities involves visiting a fisherman’s village to confirm his identity. Often the addresses given are incomplete or very remote. It may take a long time to get there,” said an MEA official.

But rights activists say that this verification process, which takes six months to a year, only starts after the prisoners have completed their terms.

The process of verifying a prisoner’s nationality should begin the moment he is arrested by India or Pakistan. “The process should be complete at the time of a prisoner’s release so he does not remain in jail after serving his sentence,” says Jatin Desai.

Justice Zahid blames both countries for the delay in releasing innocent fishermen who inadvertently cross national borders while fishing. “These fishermen are usually given a six-month to a year’s jail sentence. By the time they are sentenced, they have already served the term,” he maintains. “If both governments show interest, the process could be completed in less than a month.”

Both the Indian and the Pakistani Supreme Courts have ruled that keeping a prisoner even for a day after he completes his jail term is illegal.

Iqbal Haider has appealed to the Pakistani and Indian governments to release all foreign prisoners over 60 years of age, and to expedite their respective trials by providing them with legal facilities.

Until such steps are not implemented, the issue of cross-border prisoners will remain unresolved. In humanity’s name, if not to gain the goodwill of thousands of affected people, both governments must cut the bureaucratic red tape and existing, outdated protocols – the sooner the better.

Fishy business

Both countries routinely arrest each other’s fishermen for transgressing maritime boundaries. Released fishermen are routinely repatriated via Wagah border, from where they have to make the tedious overland journey home.

“Gujarat and Karachi are so close to each other, and yet Gujarati fishermen released in Karachi have to travel all the way to Wagah border, and then from Amritsar to Gujarat. Many are from remote villages, and it takes even longer to reach,” says senior Mumbai-based journalist Jatin Desai, who is joint secretary, Pakistan India People’s Forum for Peace and Democracy. “Why should they not be sent back by sea, along with their boats?”

Around 481 Indian fishing boats lie rotting in Karachi harbour. “Each boat costs around 30-40 lakh Indian rupees. Most fishermen are very poor and an entire fishing village chips in to buy a boat,” observes retired Supreme Court of Pakistan Justice Nasir Aslam Zahid.

Justice Zahid, chairman of the Committee for Welfare of Prisoners and a member of the Indo-Pak Joint Judicial Committee comprising eight retired judges – four each from India and Pakistan examining the issue of cross-border prisoners – points out that “even if both countries release all the captive fisherfolk, others will continue to be arrested.”

He suggests setting up a joint committee of officials from India and Pakistan stationed aboard a ship between the two countries to decide cases of fishermen accidentally straying across the maritime border. “The matter can be settled in the sea itself.”

Pakistan Fisherfolk Forum President Muhammad Ali Shah, hoping that India will also release the Pakistani fishermen in Indian jails, suggests that both countries should allow each other’s fishermen to catch fish at a small scale in 50 nautical miles in other’s waters, rather than criminalising this transgression.

A year ago, India and Pakistan agreed to set up a task force with two members each from Pakistan and India to improve the situation. “Pakistan has already nominated its members but India is yet to do so,” says Jatin Desai.

Indian and Pakistani peace activists in a joint press statement of October 2011 had urged their governments to release the fishermen and their boats. Both governments “need to recognise the fact that these traditional fishermen go to the mid-sea for their livelihood. Arresting them and confiscating their boats means depriving their families from the livelihood, and causing them extreme distress,” said the statement… “The issue of fishermen needs to be seen from the humanitarian, not security angle.”

The POWS issue

Not included in the list of prisoners to be released were the two Sikh prisoners. One of them is Sarabjit Singh convicted for bomb blasts in Pakistan in 1990 even though the FIR does not mention his name but that of a Manjeet Singh (Surjit Singh says he is the victim of a mistaken identity; see report ‘Why is Gopal Das free and not Dr Chishty?’ by Shivam Vij). The other prisoner, who has languished for four decadese, is Surjit Singh, a jawan of India’s Border Security Force (BSF), taken prisoner of war in 1971 and given up for dead in 1974. In April 2011, he was found to be alive, in Kot Lakhpat Jail, Lahore, after Khushi Mohammad, an Indian prisoner released by Pakistan on his return mentioned the names of some of his compatriots still in Pakistani prisons.

Both Sarabjit and Surjit have now spent decades in prison, far beyond life imprisonment terms. Pakistan must repatriate them immediately, as human rights activists and lawyers on both sides are demanding.

In addition, both countries must look into the issue of the ‘forgotten’ prisoners of war.

In June 2011, Brian MacMahon, a former master mariner from India, now based in Australia, appealed to the Presidents of India and Pakistan to make efforts to locate and release the POWs on either side, and if they were no longer living, to provide information and their remains to their families in order to get some closure on their missing loved ones.

He cited the example of Australia, which has brought home the remains of every one of its servicemen missing in action 38 years after the conflict in Vietnam (which ended in 1971).

‘Missing’ Indian POWs who have been ‘sighted’ in Pakistan over the years include Major S. P. S. Waraich , Capt Kamal Bakshi, Subedar Assa Singh, and Wing Commander H. S. Gill. The ‘discovery’ of Surjit Singh ignites hope that they and their other colleagues may similarly be alive and undocumented in a Pakistani prison.

In September 2004, then Defence Minister of India, Pranab Mukherjee told reporters that an estimated “17 army officers, two junior commissioned officers and 19 other rank officers are currently in Pakistani jails.”

There are Pakistani POWs in India too. In June 2010, The Daily Mail Today, New Delhi, reported that 18 Pakistan Army personnel taken as prisoners of war in 1965 and 1971 were still in Indian custody, as confirmed by the Indian Ministry of Defence. This is “contrary to all norms of humanity as well in direct contravention of the Geneva Convention… these POWs also include two Majors who went missing during the wars” (June 24, 2010).

Given the number of cases where missing presumed dead armed forces personnel have been found alive in one prison or another, isn’t it time for both countries to make concerted efforts to get these men back – if for no other reason, then in the name of humanity?

Update – with apologies for the oversight, which was entirely inadvertent – I wrote the piece using the most recent accounts  at hand.

Jan 14, 2012: From Senator (R) Iqbal Haider, Senior Advocate Supreme Court

Dear Beena,

I hope you would not mind, my adding to your information that it was in pursuance of the Orders passed by the Supreme Court of Pakistan in the Constitution Petition No.48/2010 filed and conducted by me, “pro bono”, on or about 30th July 2010, on behalf of Pakistan Fisherfolks Forum and PILER that the Supreme Court had ordered that all cases of fishermen crossing the border should be heard expeditiously, preferably within a period of six weeks and that all the prisoners under the Foreigners Act should be released and repatriated forthwith, if they have completed their sentences. In pursuance of these Orders of the Supreme Court more than 442 Indian fishermen prisoners were released and repatriated in one go.

This has started the process of further release of large number of Indian prisoners from Pakistan and Pakistani prisoners from India.

When our delegation comprising Mr. Kuldip Nayar, Mr. Mahesh Bhatt and Mr. Jatin Desai from India and Mr. Justice Nasir Aslam Zahid, Mr. Karamat Ali and the undersigned from Pakistan were received by Mrs. Soniya Gandhi, the Head of Ruling Congress Party, on or about 9th September 2010, to reciprocate our efforts for release of Indian fishermen, Mrs. Gandhi was kind enough to immediately order release of all Pakistani Prisoners who have completed their sentences and if their nationalities have been identified. As a result hundreds of more prisoners of the two countries have been released since then.

The recent release of 179 Indian Fishermen from Malir Jail Karachi was consistently pursued with Pakistani authorities by our team of Mr. Justice Nasir Aslam Zahid, Mr. Karamat Ali, Mr. Mohammad Ali Shah of Fisherfolk and the undersigned. It was due to the consistent efforts of this team that these prisoners were finally released on 7th January’ 12 from Malir Jail Karachi. Any proceedings in the Lahore High Court were not instrumental in release of these Indian Fishermen from Malir Jail Karachi.

I do sincerely appreciate and admire efforts of all members of the Bar or members of the civil society for putting hard work persistently for release of the prisoners as well as for much needed improvements in the relations between our two countries. Warm, cordial, peaceful and open border relations between Pakistan and India is the need of the people of this subcontinent.

The aforesaid is just to put the record straight.

Jan 14, 2012: From B.M.Kutty, Secretary General, Pakistan Peace Coalition (PPC), PILER Center, Karachi:

Dear Iqbal Haider Saheb,

Thank you very much for clarifying how the process of release of India-Pakistan fishermen by the two governments started and how it is still going on, thanks to the untiring efforts of rights activsts like you, Justice Nasir Aslam Zahid, Muhammad Ali Shah, Karamat Ali and others. . Let us also remind ourselves of the fact that  PILER and PFF had been involved in it since 1997 when the first batch of about 500 plus fishermen were released from both sides. Unfortunately, the seemingly unstoppable exercise of arrest and release of poor fishermen on both sides goes on and on. God save the fishermen!!

By Ghazala Akbar:

Sonia Gandhi once imperiously remarked that the Indians need not bother going to war with Pakistan anymore, the invasion of Indian TV was enough. She had a point. For a while, the murderous machinations and dynastic power- struggles of Indian soaps had people hooked.  Not anymore. Indian soaps are passé. The gripping political drama unfolding daily on our TV screens is a serious challenge not just to Bollywood but Hollywood too. Over the past year, every genre has been represented: tragedy, high comedy, farce, buffoonery, drama, action, war, murder, spy thrillers, musical extravaganzas and a bit of soft porn too.

Such is the quality of live political theatre that I cannot remember the last time I watched a film on television. Who needs expensive blockbusters from across the border to feed our fantasies? Why would anyone go channel surfacing — when our rulers, allies, security forces, politicians, cricketers and celebrities provide non – stop 24/7 entertainment? Who needs a burger when we can all have steak at home!

2011 began tragically with murder most foul — the death of the Punjab Governor, Salmaan Taseer, heroically championing the cause of a poor Christian woman, sentenced for blasphemy. If that wasn’t maudlin enough, what followed was a worse tear- jerker. Clerics — usually in surplus in Pakistan suddenly became scarce – too scared to lead the funeral prayers for the slain Governor.

The final dénouement in the sorry tale was the odious spectacle of the self- confessed smiling assassin showered with rose petals by Lawyers — the very same that had marched up and down Constitution Avenue in support of the Rule of Law. Thankfully, a judge had the courage of his convictions to sentence the killer. The long-awaited decision of the Appeal Court is another story.

February brought us an international spy thriller complete with a car chase, shootings and carnage in the streets of Lahore. Footage of the arrest and interrogation of Raymond Davis by the ‘Keystone Cops’ of the Punjab Police went viral. Intriguingly, a miniature camera located between the suspect’s feet activated the filming. A support car coming to his ‘rescue’ also ran over a couple of bystanders adding to the body count. And just who was this trigger – happy, gun – toting suspect? A ‘diplomat’ allegedly fleeing armed motor- cycled muggers at a busy intersection in Lahore who just had to shoot in self- defence. Naturally.

No less a personage than the US President vouched for his credentials. And since we are a hospitable, law- abiding people who honour diplomatic immunity, we bent over backwards to find ways to absolve him of guilt. Shariah law ironically came to the rescue. A clause was invoked and Davis ‘forgiven’ after the payment of blood money to the victims’ families– but– not before another sad twist : the young wife of one of the ‘alleged robbers’ overcome with grief, ended her own life. End of story.

The ides of March claimed yet another fatality. Poor Shahbaz Bhatti, the outspoken Minister for Minority Affairs was gunned down for having the temerity to remind the Majority about the rights of Minorities! The brave man should have read George Orwell and learnt not to speak out of turn. In the State of Pakistan, all men are created equal but some are more equal!

Riveting as these episodes were, they were a mere trailer for May Day’s mega blockbuster: the Death of Osama Bin Laden. Without our censor’s knowledge, this film played to packed houses globally. Audacious US Navy seals  swooping down in helicopters, shooting their way to bag and bin the world’s most wanted terrorist in his ‘luxury pad’, was an instant hit worldwide.

Our US allies in the War on Terror, didn’t think it worth their while to give us a role to play. Not even as an extra. While champagne corks popped at the White House in an orgy of self- congratulation, we had to eat humble pie and suffer the additional agony of our picturesque garrison town continually mispronounced as A – BBOT- A- BAD! Surely, the BBC ought to have known better!

As if things were not bad enough when another scary episode sent us cringing for cover. Masked terrorists disguised in ‘Star Wars’ attire sneaked into a naval airbase in the heart of Karachi. Only the bravery of our security forces foiled their evil intent after a tense gun – battle lasting several hours. Reassuringly all through the crisis, the Minister of the Interior provided a running commentary soothing shattered nerves.

Soon after, another jolt shook our equanimity: the mysterious murder of a journalist, Salim Shahzad. Nudged gently but firmly not to poke his nose in sensitive matters relating to state or non – state actors, he did not take the hint. Neither did the unfortunate Wali Babar in Karachi. After too many questions about ‘target killings’ the TV Reporter became a target himself –confirming our prime position as a dangerous place for journalists.

In July, the citizens of Karachi decided to steal the show with a gory episode of their own: the killing fields of Karachi. More mayhem, more body bags and even more confused incoherence from the Interior Ministry were the main themes of this sordid drama. Not to be outdone, trigger- happy Rangers started their own sideshow. A petty thief, pleading for mercy was shot at point blank range, in full view of the camera in a public park.

Meanwhile in the badlands of Baluchistan, some unlucky Chechen men and women were mistakenly ‘taken out’ as terrorists by the Constabulary. In other areas, members of the minority Hazaras and ‘dissidents’ were being systematically decimated. Exactly who was killing who and why is of little consequence in this perplexing plot. In Khyber- Pakhtoonwa, the Taliban regularly reminded us of their explosive presence. Drones continued to strike ‘terror’ in South Waziristan adding to a continuous supply of new recruits to their cause.

The festival of Eid released Pandora’s Box, a brilliant, virtuoso, unrestrained performance by the former Home Minister of Sindh. His remarkable presentation received extremely high TV ratings – the dramatic use of the Holy Book as prop was an unforgettable highlight of the two- hour soliloquy. Several weeks later, a London production house came out with a four – hour epic. A vintage rendition of a golden oldie rang the curtain down on this superlative show that ran to packed houses nationwide.

Not shy of being in the spotlight, the perpetual drama queens, our star cricketers entered the limelight with a courtroom drama of their own.  Sadly, their coached appearances at Southwark Crown Court, UK were as unconvincing as their play-acting during the Oval Test in England last year. The show flopped miserably with Messrs. Butt, Asif and Amir reduced from fallen heroes to zeroes.

Come September, Admirable Mike Mullen took us all by surprise with his own version of ‘Tinker, Tailor, Soldier, Spy.’ Mullen’s muddled story – line brazenly accused our security services of sponsoring a network of non – state actors and re-writing a counter script for the end – game in Afghanistan. It backfired. In a remarkable show of unity, the civilian government, raucous TV Anchors, politicians, ghairat brigades and the public booed and hissed in unison. Flying in to soothe ruffled feathers, Mrs. Clinton was publicly but politely accused of acting like a nit-picking Mother-in-law.

Mullen’s story however would not go away. It sprung back with a vicious new twist at the end of October. A rejuvenated and revamped Khan tweaked the tail of the Lions in Lahore with a spectacular televised musical extravaganza. Not only did fans dance in the aisles, his revelations rocked the boat, setting the scene for yet another blockbuster: Memo gate. A 007 wannabe got star- billing in this US- Pakistan joint production. Our Ambassador to the US has a dubious supporting role.

As we grappled with at the turns and twists of this complex saga, a brief exposition of Ms Veena Malik provided us with a moment of light relief. Then all hell broke loose. NATO helicopter in an incident of ‘friendly fire’ picked off our soldiers at the Afghan border, martyring 28 and wounding countless others. With friends like these, who needs enemies!

All this flak was too much for the beleaguered President who suddenly took to his bed. His unidentified ailment and dash to Dubai fuelled yet another mystery: the curious case of the missing President. Was his illness genuine, a reaction to the strain of the on-going Memo gate saga or something entirely unrelated? Who knows! Anyhow, it was short and sweet with a happy ending when the President returned to Islamabad with his customary grin. Who will have the last laugh is a moot question.

Finally, as the holiday season approached we settled in front of the box in anticipation of yet another extravaganza. (The Information Minister’s impromptu crying act on the morning of the holiday was a dampener but did not deter us from making merry). Billed as the greatest show on earth, the Tehreek- i- Insaaf spectacle promised to be like no other. For weeks, we had watched in bemused incredulity as self- proclaimed rebels and all the King’s men of yesteryears, shaved, showered and applied fresh make-up in preparation for supporting roles to the Rising Star, the man of the moment, Imran Khan.

Could he walk where angels fear to tread? Would the cast of thousands rally to his call? On the founder’s birthday, in the city of lights, by the dramatic setting of the Quaid’s Mazar, the Hero finally took centre stage. Amidst a glow and a roar, He came. They saw. He conquered.  Move over Shahrukh, Saif, Salman and Amir. We have the real thing, our very own King Khan.

Come December 27, we remembered Shaheed Mohartama Benazir and other fallen comrades. The cameras panned towards the dusty plains of Ghari Khuda Bukhsh and the graveyard of the martyrs in the towering tomb of the Bhuttos. There was pathos, passion, poetry and the evolving script of a new work- in – progress: the son also rises.

And so we come to The End. As we usher in the New Year, book your seats early for the next episode of Pakistan: 2012. It is still a working title and your guess is as good as mine. Will it be Great Expectations, Gone with the Wind or the Night of the Generals? Whatever we choose to call it, you can be sure it will be a sensational international box- office hit!  As Larry King used to say on CNN, Don’t go away!

KABUL: A suicide bomber blew himself up Sunday during a funeral in northern Afghanistan, killing 10 people, including a member of the national parliament, a government spokesman said.

The attack occurred as mourners were leaving after the end of the funeral in the town of Talaqan, said Faid Mohammad Tawhedi, a spokesman for the governor’s office in northern Takhar province. He said the victims included parliament member Abdul Mutaleb Baik.

Suicide attacks are rare in Takhar province, which is located 155 miles (250 kilometers) northeast of Kabul and is considered one the nation’s calmer regions.

Sayed Ikramuddin Masomi, another lawmaker from Takhar province, confirmed that Baik had died.

”The suicide attacker killed 10 innocent people and unfortunately Abdul Mutaleb Baik was among them,” he said in a telephone interview.

There was no immediate claim of responsibility for the attack. But over the past year, the Taliban have repeatedly struck at prominent government figures. In September, a suicide attacker killed Burhanuddin Rabbani, a former Afghan president and head of the nation’s peace council.

Meanwhile, the Interior Ministry said Sunday that security forces killed 30 suspected insurgents in a series of clashes around the country.

A ministry statement said army, police and Nato troops launched a total of 11 operations in the past 24 hours across the country. It said seven insurgents were arrested. Sunday’s statement said the killed insurgents were armed and that weapons were recovered in the operations.

Separately, Nato says one of its helicopters crash landed in Nahr-e-Saraj district of Helmand province on Sunday after taking small-arms fire from the ground. There were no injuries among the crew.

Nato relies on helicopters to avoid using roads that are frequently mined by the insurgents.