Supreme Court today asked the Centre to inform it about the current status of the list of Prisoners of War, languishing in Pakistani jails for 43 years and efforts made for their release.
The apex court asked the Ministry of External Affairs to file a fresh affidavit within six weeks indicating current status of the list prepared by government in 1985, admitting that 54 Indian defence personnel were held as Prisoners of War in Pakistan during the 1971 war.
A Bench headed by Chief Justice R M Lodha said that 29 years is a long time since the list of 54 Prisoners of War was prepared and their present status has to be determined, as some of them may not be alive. The bench, also comprising Justices Kurian Joseph and R F Nariman, added that Government has different means to estimate how many of them are in Pakistani jails.
The apex court was dealing with three petitions raising the issue of Prisoners of War, brutality meted out to Saurav Kalia during Kargil War and beheading and mutilation of bodies of two Indian soldiers in 2013 by Pakistani army for direction to Union government to move the International Court of Justice.
The focus of hearing was on the issue of POWs. The Government said that it cannot refer these cases to the International Court of Justice, as India is governed by a bilateral agreement with Pakistan based on the 1972 Simla Agreement.
The bench said, under such circumstances, the role of the Court to intervene becomes minimal as question arises is that is Shimla Agreement amenable to judicial review. The apex court added that the issue can be taken up in the Pakistan Supreme Court, as it was taken up by Prof Bhim Singh about the languishing of Pakistani prisoners in Indian jails.