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No comparison, no similarities
Pak-India rivalry is long been pursued even before the independence.
Despite the bitter legacy of partition, unresolved political disputes
and wars, both India and Pakistan have signed many agreements aimed at
generating confidence and reducing tensions. Every issue that involves
India attracts most of our attention as now what has done and in
response what Pakistan has to answer. Since many days its Indian and
Pakistani prisoners as a hot topic in print media and electronic media
as well. It’s obvious that populace use to compare that what our
adversary has done and what are we expected to, in comparison with what
our country is doing, hence the thoughts about the issue get distorted.
Many names revolved around, Pakistani as well as Indian, having their
different pretext of getting charged along with different perspectives
and approaches towards handling the issues. Above these perspectives and
approaches of responses, International law prescribes uniform
principles, standards and guidelines in the form of conventions and
treaties for the states to adopt and/or incorporate them in their
respective national laws. Hence the states track their national laws
that are implementation of the International Law, with the states either
friend or foe according to their comfort level.
Now question is that can we compare the “punished fishermen with the
Pakistani prisoners arrested over there (India) went to watch cricket
and to visit their relatives and were been charged?” Actually it may be
legal charges but because of the long intensified rivalry b/w India and
Pakistan it seems like there is no comparison b/w these two categories.
Now point to understand is that they can be compared in the sense of not
having sufficient documents or without valid travel documents/visa, the
pretext used by the Indian authorities is of grave concern. Above that
it’s not only the issue of prisoner’s release and new accords for this
sake to be signed (as said by Mukhergee) but above that leaving aside
the animosity, it’s the International law to be followed and according
to that there are solutions provided in the law about the settlement of
the issues.
In most of such situations, prevailing hot issues, the Indian
intelligence/police agencies find it more appropriate to book the
illegal immigrants on the charge of espionage/anti state activities
under their Official Secret Act provided with wide legal powers to
investigate and resist any diplomatic attempt for transfer of offender.
As far as Pakistan is concerned, there are three different laws which
govern the entry of foreigners- off course including fishermen- in our
territorial limits viz, The Passport Act 1920, the Foreigners Act 1946,
as amended vide the Foreigners Act ( amendment) Ordinance 2000, and
Pakistan ( Control of Entry) Act 1952. All these laws require any
foreigner intending to enter Pakistan at any port, airport or point to
seek proper permission (i.e. visa) on authentic travel documents (i.e.
passport/entry permit etc). Any violation of these laws would render the
offender liable for legal process and punishment. The punishment for
illegal entry into Pakistan’s territorial limits, as prescribed by the
foreigners Act 1946, may be from 03 to 10 years with or without fine.
The government may, pending any trial or sentence, deport such offenders
to their home country.
On one side it’s an Indian citizen who is embracing Islam while
imprisoned in Pakistani Jail, the inner contentment was shimmering on
his face while traveling back to his country and the medical services
provided to the Laxman Kanji (Landhi Jail) before and after his death
where as Indian authorities, after being demanded by Pakistani foreign
ministry an explanation for the death of Khalid Mehmood, are now
launching the investigation for the mysterious death in prison,
demonstrates that it’s a non-comparable story. It is elucidated that
what to reflect to the international community to present a soft image
through electronic media is not a big deal and the confidence building
measures will unless not be fruitful until have good faith along with
positive intensions.
