Open petition to Chief Justice of India about prison escapee Maulana Masood Azahar
Hon’ble Chief Justice
Supreme Court of India
Sub:- An open petition :-
(i)- To ensure Maulana Masood Azahar (escaped from prison through IC 814 hijack) serves remaining term in Indian prison
(ii)- To ensure Maulana faces fresh charges about IC 814 hijack
(iii)- To question Governments of India & J&K and Pakistan (through its High Commissioner at Delhi) when they came to know about presence of Maulana in Pakistan and punish the guilty for not ensuring Malauna faces justice in India.
-- I am an Indian citizen aged 70 years and humbly submits the following:-
(1)- That in December 1999, Maulana Masood Azahar got himself freed from Kot Bhalwal (J&K) Jail pursuant to demands of hijackers that Government of India (GOI) could exchange him for passengers on the hijacked Indian Airlines flight 814 (IC 814, scheduled from Nepal to Delhi which was hijacked by his terrorist colleagues) that had eventually landed in Kandahar, Afghanistan.
(2)- That as per law any country who found Maulana was supposed to apprehend him and hand over to India in order to (i)- serve remaining term in Kot Bhalwal (J&K, India) prison (ii)- To face fresh charges of being complicit beneficiary of IC 814 hijack as Maulana did not surrender before Kot Bhalwal Jail authorities (through Indian Embassy / High Commission / Consulate) after getting separated from hijackers.
(3)- That for the last two days Indian print & electronic media is full of reports (the judicially noticeable facts and otherwise too) that Maulana is in Pakistan and on the request of GOI the authorities in Pakistan are questioning him in relation to January 2, 2016 attack at Pathankot air base.
(4)- That whether Maulana is complicit or not in said Pathankot attack the GOI / Government of J&K and Government of Pakistan (GOP) are under legal obligation to ensure that Maulana comes to India to serve remaining prison term and to face said fresh charges. But the GOI / GOJ&K and GOP have derelicted in discharging their legally mandated duty.
(5)- That as in case of marines of Italy (accused of killing Indian fishermen) the Hon’ble Court has brought Ambassador of Italy under its jurisdiction similarly the Hon’ble Court can bring Pakistan High Commissioner too under its jurisdiction in Maulana related extremely serious criminal matters.
Therefore in view of the above mentioned Your Honor is requested to Kindly take the cognizance of this matter and Kindly :-
(i)- Order GOI to demand from GOP to immediately handover Maulana Masood Azahar to India to serve remaining prison term in Kot Bhalwal (J&K, India) prison and to face said fresh charges about IC 814 hijack.
(ii)- Summon Pakistan High Commissioner at Delhi to inform the Hon’ble Court that when GOP came to know about presence of Maulana in Pakistan and why GOP did not hand over Maulana to India when GOP found Maulana in Pakistan.
(iii)- Summon GOI / GOJ&K to inform the Hon’ble Court that when they came to know about presence of Maulana in Pakistan and when it came to be know that Maulana is in Pakistan why GOI (and GOJ&K through GOI) immediately did not ask GOP to hand over Maulana to India.
(iv)- Punish the derelict & complicit public servants of GOI and GOJ&K and take appropriate legal action against the derelict and complicit authorities of GOP for the offense of not bringing Maulana to justice.
(v)- Any other relief commensurate with facts and circumstances of the case.
Hem Raj Jain
January 15, 2016