JAMMU; 11, May 2013: Ashiq Ali, a Pakistani prisoner lodged in a district jail in Jammu, captured two years ago by the BSF, does not believe that he is in an Indian jail.

Mentally challenged Ali believes that his neighbours had conspired with Pakistani police to put him behind bars. Jail authorities have also given up explaining to him that he had crossed the border and now is in an Indian jail.

Ali is among 35 mentally challenged prisoners awaiting repatriation for want of identification and confirmation of Pakistani citizenship.

Among these are six mute prisoners held for crossing border inadvertently, who are unable to communicate even their names to the authorities. Identifying their nationality is, hence, an arduous task.

Though India is ready to repatriate them to their homes, Pakistan is refusing to take them back for want of confirming their status. At Amritsar jail, there have been five deaf and mute prisoners for the last five years.

After completing their sentences, they were shifted to a detention centre. Such is their inability to communicate that the police has recorded their names as ‘Goonga s/o Not Known’ in the warrant and charge-sheets.

Similarly Razak Shahanawaz and Parbat Amarsinh Kohli (the only Hindu prisoner) have also completed their sentences last year. But even after granting them consular access and Pakistani diplomats taking their pictures, thumb impressions etc, there has been no word of their repatriation.

The Pakistan High Commission’s reply on their repatriation is that their citizenship claims are being verified. Besides these 35 prisoners awaiting repatriation, 18 others have completed more than 15 years in Indian prisons. Ghulam Nabi s/o Fazal Din, arrested under TADA in 1995, was acquitted in 2009. But other charges were added and his appeal is pending before the SC.

Even in the case of deceased Pakistani prisoner Sanaullah Ranjay, authorities told the apex court that he could not be repatriated as investigations were still going on in one pending case against him, even though he was arrested in 1995.

Lawyer Prof Bhim Singh, who argued the case of Sanaullah, pointed out that in the cases of the 18 prisoners, trials have not been concluded in spite of repeated directions of the Supreme Court to complete the trial without delay or within one year.