The apex court has been examining the issue of Pakistani prisoners since 2005 and passed several directions for their timely repatriation after completion of sentences

NEW DELHI: The Centre on Friday told the Supreme Court that 307 Pakistani prisoners, including fishermen, are lodged in Indian jails and detention centres, and 56 of them have already completed their jail term but could not be repatriated as Islamabad refuses to recognise them as its citizens.

In an affidavit, the home ministry provided details of the prisoners and refuted the allegation that it was not taking steps to send them back to Pakistan. The government said it had been holding talks with the Pakistani government from time-to-time to pave the way for their repatriation.

The government, however, said all those who have completed their jail term could not be set free as it would be a threat to national security.

“It is submitted that there are 56 persons believed to be Pakistani nationals, who have completed their sentence or against whom no offence has been registered by state governments, lodged in various detention centre/jails. However, these 56 persons could not be repatriated so far as their nationality has not been confirmed by the government of Pakistan. They can be repatriated as soon as their nationality is confirmed. All of them have been provided consular access. It is submitted that release of these 56 persons from detention will not be advisable in the interest of national security,” said the affidavit.


The apex court has been examining the issue of Pakistani prisoners since 2005 and passed several directions for their timely repatriation after completion of sentences. Expressing serious concern over prolonged imprisonment, it had also asked the government to bring in a suitable mechanism to ensure that such foreign nationals were not forced to remain in jails. 

Taking the affidavit on record, a bench of Justices A K Sikri and Ashok Bhushan adjourned the hearing for three weeks after petitioner and Jammu and Kashmir National Panthers Party (JKNPP) leader Bhim Singh and advocate Parveen Kumar sought time to respond to the Centre’s affidavit.

The Centre told SC it had sent 20 prisoners to Pakistan between July and November 2017 and five more were undergoing repatriation. It said 10 out of 21 Pakistanis with mental illnesses were repatriated in the last two years, while four died in detention.