Sushree Mohanty
The Supreme Court has conceded to entertain an appeal filed by the mother of Captain Sanjit Bhattacharjee, who has been missing for a long time. He had gone missing while patrolling with his unit in the Rann of Kutch near Pakistan.
The applicant, through her petition, has looked for Government’s mediation on a critical humanitarian premise, through the diplomatic relationship channel of the External Affairs Ministry, and intercedes for her son’s situation.
The petition was moved before the three-Judge Bench of Chief Justice of India SA Bobde, Justice Bopanna, and Justice Ramasubramanian, by Advocate Saurabh Mishra who was representing the petitioner.
While giving notification, the Bench likewise inquired as to whether it was conceivable to furnish the Court with a list of the soldiers missing, as they have been educated that there is more than one soldier who is facing the same situation.
Advocate Mishra consented to submit a report as per the direction of the Court.
In the petition, it is claimed that Captain Sanjit Bhattacharjee, an Indian Army official has been imprisoned in Pakistan for the past 23 years and 9 months.
It further asserts that while a First Information Report (FIR) has been documented for the same, no move has been made for his release by the authority.
The applicant on behalf of her son is looking for proper bearings to the public authority for taking immediate steps for his inquiry and release from the prison of Pakistan.
Consequently, it is emphasized that this action of not taking appropriate steps to ensure the safety and release of the State’s Army Personnel has brought about the gross negligence upon the Centre.
The petition has likewise demanded the government to mediate with Pakistan through its diplomatic channel of the External Affairs Ministry and assign a representative of the Government of India in this matter and sought for the release of her son on an urgent humanitarian premise.
As indicated by the petitioner, her son has not been allowed to either contact his family or present his case before any competent body for the last 23 years.
He has been denied the fundamental right of expression and free speech under Article 19 of the Constitution.
Along these lines, her son’s right under Article 20 and 22 have been violated on the record of being unlawfully detained in the prison of Pakistan, particularly without any complaint enlisted against him
It has been expressed in the petition that the applicant’s son, Captain Sanjit Bhattacharjee during his duty went out for patrolling the joint border of Rann Kutch in Gujarat, India, and Pakistan with other members from his platoon.
On the following day only fifteen (15) members of the unit returned and the petitioner’s son, Captain Sanjit Bhattacharjee, and another platoon member, Lance Naik Ram Bahadur Thapa were missing.
It was resolved that both the candidate’s son and his other fellow soldier had disappeared in dubious conditions during patrolling.
The petitioner has contended that the Government of India must defend the right to life of each of its citizens, including that of Captain Sanjit Bhattacharjee, and protect the basic fundamental rights of the soldiers while taking necessary steps for their release.
