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| Centre, state given two-weeks notice to settle petitoner's case | | | EARLY TIMES REPORT
Jammu, Mar 3: The Jammu and Kashmir High Court has issued a two weeks notice to the State and the Central Government in the case Vinod Kumar Sahney v/s Union of India and Others. Petition had sought adequate compensation and rehabilitation against torture and imprisonment in Pakistan.
According to the facts of the case, the petitioner, Vinod Kumar Sahney, was in early 20's in 1977 and was lured by the BSF authorities to provide him a job. On 18th August, 1977, the BSF authorities got his signature on some papers, telling him that appointment order in the BSF has been issued in his favour and that he was to start his job from that day itself.
On the same evening, he was taken to R. S. Pura and was provided with a guide at the Suchetgarh border.
The petitioner was handed over to the guide and under the surveillance of the BSF authorities crossed the border to Pakistan with the direction to stay there for five days and to see the routes and army deployment in Pakistan. The guide took the petitioner to different locations in Pakistan like Sialkote, Rawalpindi, Islamabad, Lialpur and Lahore from August 19 to 22, 1977.
In the wake of marshal law declared in Pakistan, there task of spying became difficult. He and his guide wanted to return back and reached across the border, where the guide gave him a slip. The petitioner was caught by the Pak rangers and on August 23 taken to Pakistan army interrogation Centre in Sialkote Cantt where he was tortured for 132 days.
Thereafter, he was taken to Police Station, Sialkote and was produced before the court for his trial for illegally crossing the border. After 9 to 10 month trial, the petitioner was sentenced for a period of six months and was confined in New Central Jail, Multan. After release from the jail on completing the sentence, he was detained by the Punjab Home Department of Pakistan by passing different detention orders till March 1988. On the intervention of the Government of India, the petitioner was 'repatriated to India through Wagha border on 23 March, 1988 when he was seriously physically and mentally handicapped.
On slight recovery, the petitioner approached the BSF authorities and the Prime Minister's Office for his rehabilitation who wrote to the State Chief Secretary for necessary action. However, so far no action has been taken either by the Government of India and the State Government or the BSF authorities for his rehabilitation either in the shape of taking back the petitioner in service of the BSF or paying him adequate compensation.
After hearing Advocate Ashok Sharma, the Counsel' for the petitioner, Justice Mansoor Ahmad Mir, the Judge of the J&K High Court, issued two weeks notice to the Government of India, State Government, BSF and other respondents for filing objections in the case.
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