Supreme Court agrees to hear plea seeking repatriation or release of Captain Sanjit Bhattacharjee from Pakistan jail

The Supreme Court today has agreed to hear a plea seeking directions to the Centre to take immediate steps for the repatriation or release of Captain Sanjit Bhattacharjee, who has been missing since 1997 from the Rann of Kutch.

Advocate Saurabh Mishra mentioned the matter before the bench of Chief Justice of India N.V. Ramana, and Justices A.S. Bopanna & Hima Kohli. The CJI agreed to list the matter in the first week of April. 

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The Supreme Court had already issued notice to the Centre in this matter. The bench of the then Chief Justice S.A. Bobde, Justice A. Bopanna and Justice V. Ramasubramanian had directed petitioner’s counsel Advocate Saurabh Mishra to provide the court with a list of people who are facing similar situations 

Kamla Bhattacharjee, the petitioner, submitted that her son has been languishing in some unknown Pakistan jail for the past 23 years without any FIR against him, but no appropriate action has been taken for his release by the government. 

The plea stated that the petitioner’s son during his duty hours went for patrolling with the other members on the Pakistan border in the Rann of Kutch, Gujarat on April 19, 1997. Only 15 of the platoon’s members returned the next day, without the petitioner’s son and another platoon member, Lance Naik Ram Bahadur Thapa.

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Further, the petition stated that in the past 23 years, the petitioner’s son has not been given any opportunity to state his case before the appropriate authority. He has been deprived of the basic right to freedom of speech and expression under Article 19 of the Constitution. Also fundamental rights under Article 20, 22 have been violated since he has been illegally detained in a Pakistan jail when no case has been registered against him.

The petitioner has submitted that it is the abundant duty of the Government of India to safeguard the right to life of every citizen of India including that of the petitioner’s son and ensure the guarantee of fundamental rights and take appropriate measures for his early release.

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The petitioner has sought government’s intervention through the diplomatic channel of the Ministry of External Affairs, and a representation of the Government of India to take appropriate measures for his early release.

Case Name- Kamla Bhattacharjee Vs Union of India & Anr.