GENERAL APPEAL (Pakistan/India): At least 61 persons including minors are detained in India for alleged forged documents issued by Pakistan authorities

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Hingora Jamat Karachi that dozens of Pakistanis have been detained with their children for several months in India for allegedly forging their visas. However, it is reported that those visas issued by High Commission of India, Islamabad had been overwritten by agents in acquiescence of Pakistan authorities. The Pakistan authorities have failed, so far, to take any action for their release or address the corruption in the process of visa, which will cause other possible arrests for the same reason.

CASE DETAILS:

At least 61 people of Pakistan have been detained in Amritsar Jail, Punjab state, Bhuj Jail, Gujarat state and in Jodhpur Jail, Rajasthan state in India for several months for allegedly forging their visas. Many of them have children who have been detained with them. According to the information received, the detainees allege that they had never made any forgery in their passports or visa documents as this could be evidence from their papers. They admit that some comments have been written over their visa documents but state that these were done by Pakistani authorities, in particular by the ‘agents’. The detainees further insist that Indian authorities never objected to their passports or visas upon entry to the country but only arrested them when they tried to leave.

The number of Pakistani passengers holding such type of visas with cutting and overwriting has increased over the last one or two years due to the activities of the ‘agents’. Meanwhile, it is also reported that those who pay a good sized bribe to the Indian authorities are allowed to go with overwritten visa documents.

The AHRC has obtained the list of 61 people out of hundreds who are currently in detention for alleged forgery of visas that have been authorized by Pakistani authorities at the time of receiving them. Some of their stories are discovered as follows.

Ms. Sharifa and her sister-in-law, Ms. Hajra were arrested on the alleged forgery of visa by Indian authorities along with Sharifa’s two children, master Tariq and master Shahrukhin the first week of May 2008. All have been in Bhuj Jail, Gujarat state since their arrest. Sharifa’s husband, Abdul Gafoor Hingoro died in a road accident in Karachi, Sindh province while he was trying to arrange the release of his family members. The death of Abdul Gafoor Hingoro s/o Hingora Ibrahim has not been informed to his family members.

Mr. Muhammad Hussain, 65 years old, a tuberculosis patient was arrested with his daughter Razia, (22) during their returned journey. They have been detained in Jodhpur Jail since 5 May 2008.

Mr. Sultan Mandra s/o Adam, his wife Amna Sultan and 6-month-old daughter Urooj Bisma have been kept in Amritsar Jail, Punjab state since last April.

Mr. Abdullah Mandra, (70), visited India and reported to the Superintendent of Police Bhuj Kutch Gujrat who issued a 30 day permit of stay in Kutch after the expiry of the permitted time. When he returned home, he was arrested and detained in Jodhpur Jail.

Ms. Merun Bai w/o Ibrahim Turk, Indian citizen and married in Pakistan 20 years ago visited India after marriage to see his parents, but she was also kept in jail by the Indian authorities.

Ms. Sheher Bano, Indian citizen and Pakistani Abdul Rehman were married in 1994 and she visited India for the first time along with her husband and three children Mohammad Hussain (7 years old), Abdul Kareem (8 years old) and Yasmeen (4 years old). It was for the first time after her marriage. All have been kept in Jodhpur Jail.

Ms. Reshma, Indian citizen and married Pakistani Akbar Ali, was married in 1998 and she visited India for the first time with her husband and her 6-years-old daughter Anusha. They have been kept in Jodhpur Jail.

Ms. Nazrana, Indian citizen and married Pakistani Yaseen visited India to meet her parents but was arrested at Monabao and kept in Jodhpur Jail.

Ms. Yasmin, Indian citizen and married Pakistani Mohammad Hussain has been kept in Jodhpur Jail with her husband. She said that she has left six unmarried daughters and there are no male family members to look after them in Pakistan.

Out of total list of 61 detainees, 11 are senior citizens aging between 58-72 years and 30 are women and seven are minors.

BACKGROUND INFORMATION:

Those Pakistanis who want to visit India have to get a visa from the High Commission of India, Islamabad, the capital of Pakistan. They have to travel thousands of miles to reach to Islamabad and stay there for several days with their family members. After getting their visas they have to go back to two different cities, the Mirpur Khas, Sindh province and Lahore, Punjab province in order to enter Indian.

Watching the miseries of the divided families of India and Pakistan, the authorities of Interior ministry and passport departments of Pakistan and officials at visa section of High Commission of India, Islamabad, allowed ‘agents’ to work as mediators between those families and authorities. Those agents positioned near the office ask for the families to pay more money than the visa fees in order to get the process done quickly. They also change the day of stay as requiring money from the families in the process. The passport departments of Pakistan have allowed the agents to work in order to save time and traveling of the families.

ADDITIONAL COMMENTS:

Besides of the legality of visas of people of Pakistan who have been detained in three jails in India, the detention of seven minors is also a matter of concern. The minors have been kept in prison for over five months with no reason. The minors must be sent back to their relatives in cooperation between the two relevant authorities and the two governments have to take adequate measures. However, they have decided to ignore the matter.

Both India and Pakistan are state parties to the UN Convention on the Rights of the Child (CRC). Article 3 of the CRC holds that in all actions concerning children, the best interest of the child shall be a primary consideration and Article 37 (b) says, “No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest detention or imprisonment of a child shall be in conformity with the law“. Article 37 (d) also says, “Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action“.

SUGGESTED ACTION:
Please write letters to the relevant authorities listed below demanding the release of all detainees who are also victims of the wrong system of visa process. Please also urge them to immediately take actions to solve the problem, in particular the arbitrary detention of the children in India.

Please be informed that the AHRC has also written separate letter to the UN Working Group on Arbitrary detention calling for intervention in this case.

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