The Supreme Court on Friday refused to entertain a public interest litigation (PIL), which sought revival of a joint judicial committee between India and Pakistan to resolve disputes concerning the fishermen of these countries, who were arrested on charges of violating territorial waters.
The Division Bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia dismissed the PIL filed under Article 32 of the Constitution, saying that since it was a political issue, the same must be resolved politically.
At the commencement of the hearing, the Counsel referred to the document which showed the constitution of a judicial committee by four judges of India by higher judiciary and four judges of Pakistan by higher judiciary in 2008.
He submitted that under this committee, 800 fishermen on both sides were released. The petitioner sought revival of the committee on the grounds that fishermen were being arrested on entering waters of the neighbouring nation.
Stating that the judicial committee already existed, he apprised the top court of the country about a similar request made in the High Commissioner’s Office in 2016.
However, the Bench refused to entertain the plea, stating categorically that relief cannot be sought under Article 32 in the present petition.
When the Counsel appearing for the petitioner submitted that Indian fishermen were languishing in Pakistan jails, the Apex Court said that it cannot issue directions to Pakistan to release them.
(Case title: Veljibhai Masani and Ors vs Union of India and Ors)