1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 6417 of 2010 Date of decision:- 18.01.2011 Hari Singh Nagra, Advocate, Vice President of All India Lawyers Union and also Non-Resident of Indian, now r/o Flat No. 358, Sector 49-A, Chandigarh. ......Petitioner Vs The Union of India, through its Secretary to the Ministry of Home and Justice, Govt. of India, New Delhi and others. ......Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. S.S. Siao, Advocate, for the petitioner. Mr. O.S. Batalvi, Advocate for UOI. Ms. Madhu Dayal, Addl. AG, Punjab. Mr. Anil Rathee, Addl. AG, Haryana. * * * * RANJAN GOGOI, A.C.J. (ORAL) This PIL has been filed with regard to the death sentence that has been awarded to the seventeen Indian nationals by a Court in Sharjah for causing the murder of a Pakistani national. The reliefs sought in the PIL are manifold but the essence thereof is that proper legal assistance should be offered to the Indian nationals and their 2 health and welfare, while in detention should be looked after by the Consulate officials. The further relief sought for is to take steps for the return of the seventeen Indians and also to provide VISA(s) to the relatives of the aforesaid Indian nationals if they desire to visit any of the aforesaid seventeen persons. The Union has filed a written statement wherein it has been stated that the seventeen Indian nationals have been convicted by the trial Court in Sharjah for the offence of murder and have been awarded the death penalty. In view of the extra-ordinary nature of the case, the Government of India has hired the services of a local legal firm M/s Mohammad Salman and an appeal has been filed against the judgement of the trial Court which was due for hearing on 29.09.2010 (the hearing stands adjourned to 13.02.2011). In the affidavit, it has been further stated that there is no record of any torture of any of the seventeen Indian nationals during the period of their detention in prison. It is further stated that the health and welfare of the Indian nationals, who are now in custody, is being periodically monitored by the Indian Consulate and in fact one of the aforesaid seventeen persons namely Sh. Arvinder Singh was admitted in a local hospital for treatment. That apart, in the affidavit filed it has been stated that the Consulate officials are periodically visiting the jails in the six emirates to inquire about the welfare of Indian prisoners including the living conditions in the jails and furthermore when any specific problem faced by any inmate is brought to the notice of the 3 Consulate officials attempts are made to redress the same. In so far as VISA to the relatives are concerned it has been stated that no relative(s) of any of the 17 persons have desired to travel to meet any such person. The affidavit filed by the Union of India squarely answers all the issues raised in the PIL. The seventeen Indian nationals have been convicted under the laws of the Country in which they were residing and the appeal filed by them will have to be decided in accordance with the laws of that Country. Only if they are to be acquitted, steps can be taken by the Indian Consulate office to issue temporary VISA(s) and travel document(s) to facilitate their return to India. No direction in this regard can be issued by the Court at this stage. All the issues raised in the writ petition having been answered in the above manner, we decline to keep this PIL pending any longer. PIL shall stand disposed of in the above terms. Copy of the order be furnished to Mr. Batalvi, learned Counsel for the Union of India under the signatures of the Court Secretary of this Bench. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 18.01.2011 Amodh