A fisherman from Gujarat, languishing in a Pakistan jail since 2021, died after reportedly suffering a heart attack while waiting for his release and repatriation, as he had already served his sentence.
The fisherman from Gir Somnath district of Gujarat was apprehended by Pakistan early in 2021 for allegedly violating territorial waters by crossing over to the Pakistan side of the disputed international maritime boundary line (IMBL) at the Arabian sea off Gujarat coast. He was tried in Pakistan and awarded a jail term.
The most shocking part is his sentence was over in July 2021. His nationality was also confirmed long ago. The section (V) of the bilateral Agreement on Consular Access, 2008, categorically says, ‘Both Governments agree to release and repatriate persons within one month of confirmation of their national status and completion of sentences’. It means he should have been sent back to India long ago.
Pakistan granted consular access to the Gujarat fisherman only in 2022. By that time, he had already served his time in jail. Subsequently, it was verified that he was an Indian citizen. Once that was done, Pakistan was obliged to release and repatriate him. Despite that, the fisherman continued to be in jail. His detention was completely illegal once his sentence was over and his nationality was verified, say people in the know.
India and Pakistan often have disputes over the alignment of IMBL, the notional maritime boundary. Every year, Pakistan arrests a few hundred Indian fishermen for alleged violation of its territorial waters. India, too, arrests a few dozen Pakistani fishermen for allegedly crossing over to the Indian side of the IMBL.
At present, 210 Indian fishermen are in Pakistan’s custody, and 182 of them have already completed their sentences and their nationalities have also been verified. Fifty-two Indian fishermen have been in Pakistan jail for more than three years. Other 130 Indian fishermen have been in prison for over two years.
Insiders said, the family members of arrested Indian fishermen were tense and worried. The Ministry for External Affairs should use diplomatic channels and see to it that they are reunited with their families soon. There are reportedly around 10 Indian fishermen in Pak jails who are not well. They need good treatment. A team of Indian doctors needs to visit and check their health conditions.
India released five fishermen and nine civilian prisoners on September 6, just a day after the death of the Indian fisherman.
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