Taking exception to Pakistani nationals languishing in jails in Jammu and Kashmir after having served their sentences, the Supreme Court on Monday decided to give them a hearing even as the Union government contended that enemy aliens had no right to be released.
Taking cognisance of a letter written by one such prisoner Noor Mohammed, a bench comprising Justice Ruma Pal and Justice P V Reddy appointed senior advocate K K Parasaran and advocate Bhim Singh as amicus curiae to present the side of the Pakistani nationals.
It was alleged by the three Pakistani nationals that even after they had served the sentence awarded to them by the trial courts, the Indian government was not releasing them.
An anguished bench said, "Set them free when they have served the sentences awarded to them. Take them to the Wagah border and let them go to their country."
Releasing them at Wagah border would not be easy, Additional Solicitor General Altaf Ahmed said.
India had approached the authorities in Pakistan to take back their nationals, who have served their sentence, but the latter refused, Ahmed told the court.
The court then fixed August 13 for further hearing on the matter.
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