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Apex court raps J-K Govt over assault on Sanaullah
R Sedhuraman
Legal Correspondent

You cannot allow the rule of law to be compromised. This is something which is not acceptable. Everyone was aware of what happened in the Pakistan jail.  — Supreme Court Bench

New Delhi, May 8
The Supreme Court today virtually reprimanded the Jammu and Kashmir Gvernment for not taking steps to prevent the assault on Pakistani prisoner Sanaullah Ranjay in Jammu’s Kot Balwal Jail on May 3.

A Bench headed by Justice RM Lodha said the state government should have anticipated such attacks in the wake of the killing of Indian prisoner Sarabjit Singh in a jail in Pakistan.

The Bench made the remarks while hearing a plea for sending Sanaullah and other Pakistani prisoners who had served out their jail terms back to their country. Appearing for the Centre, Additional Solicitor General PP Malhotra opposed the plea, contending that Sanaullah and others were hardcore terrorists involved in several cases in which trial was still on. At this, the Bench said Sanaullah, presently being treated at Chandigarh, could not be repatriated as he was a life convict.

However, it passed an order asking the Centre and the state government to respond to the other pleas in an application filed by senior counsel Bhim Singh.

It also wanted to know from the state government as to why it had not taken preventive steps and what action had been initiated against the erring jail officials. The state should also list the steps it intended to take to prevent recurrence of such incidents.

Bhim Singh also pleaded with the court to show mercy to those prisoners who had been in jail for several years and send them back to Pakistan. At this, the ASG said such pleas could not be made through a PIL. Nevertheless, the Bench asked the petitioner to approach appropriate authorities for the purpose.

“We can’t substitute their opinion. We can only undertake judicial review of their decisions.”

The Bench told the state counsel that the government must have anticipated the incident in Jammu jail and taken adequate precautions. “You cannot allow the rule of law to be compromised. This is something which is not acceptable. Every one was aware of what happened in the Pakistan jail,” it said. Further, this was not an isolated incident. Such things were happening frequently.

The SC also told the Centre and the state go expedite investigations involving terrorists.

The fact that they were terrorists did not mean that investigations could continue for 20 years. Rather, the government should work harder on such cases, it said.