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Mizzima: Supreme Court moved for re
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Supreme Court moved for release of Burmese fishermen from Calcutta jails
New Delhi, March 10, 2001
Mizzima News Group (www.mizzima.com)
The Supreme Court of India has fixed 19th March 2001 for hearing of a
Public Interest Litigation (PIL) petition filed by an Indian legal
activist, seeking action from the government of India on the continued
illegal detention of 54 Burmese fishermen who have been rotting in
Calcutta jails for about two years.
Deepak Prahladka, a Calcutta based legal activist, has recently filed a
petition in the Supreme Court, stating that the 54 Burmese fishermen,
whose immediate release was ordered by a court in 1999, are still
illegally incarcerated in two Calcutta jails in West Bengal, India.
In his petition, Deepak Prahladka stated that on the 26th July of 1997,
total 63 (9 Thai nationals and 54 Burmese) fishermen were arrested for
illegally entering Indian territorial water and detained in Calcutta
jails. They were arrested from Thai-owned fishing boats in 1997 from the
Sunderbans in West Bengal.
In September 1999, a Sub-Divisional Judicial Magistrate in West Bengal,
India convicted all the 63 fishermen under Section 14 of the Foreigners
Act and sentenced them to suffer Rigorous Imprisonment for two years and
also directed that the period of detention of the 63 fishermen be
computed and set off by the jail authority accordingly.
The magistrate also directed that since all the 63 fishermen have
already suffered sentence of imprisonment ordered, all of them be pushed
back and/or deported to their respective country immediately.
In view of the order, nine Thai fishermen were released from the jail
and deported to their country. However, the remaining 54 Burmese
fishermen are still illegally incarcerated in Presidency Jail and
Alipore Jail in Calcutta, West Bengal.
He further stated that illegal incarceration of the 54 Burmese fishermen
not only violates their human rights and Article 22 of the Constitution
of India but also constitutes criminal contempt of subordinate court and
also causes pecuniary loss to Indian public exchequer as the jail
authority has to feed all of them at the cost of the Indian public.
In October last year, the Burmese staged a hunger strike demanding for
their immediate release but ended on 5th day of the strike after they
were assured of early release by the Indian jail authorities and
concerned Burmese embassy representative in Calcutta Mr. P. B.
Chowdhury.
The Burmese fishermen are from various parts of Burma such as Irrawaddy
Division, Mon State, Rangoon Division and Tanensari Division.
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<center><b><font color="#0000FF"><font size=+2>Supreme Court moved for
release of Burmese fishermen from Calcutta jails</font></font></b></center>
<p><font color="#CC0000"><font size=+1>New Delhi, March 10, 2001</font></font>
<br><font color="#CC0000"><font size=+1>Mizzima News Group (<a href="http://www.mizzima.com";>www.mizzima.com</a>)</font></font>
<p><font size=+1>The Supreme Court of India has fixed 19th March 2001 for
hearing of a Public Interest Litigation (PIL) petition filed by an Indian
legal activist, seeking action from the government of India on the continued
illegal detention of 54 Burmese fishermen who have been rotting in Calcutta
jails for about two years.</font>
<p><font size=+1>Deepak Prahladka, a Calcutta based legal activist, has
recently filed a petition in the Supreme Court, stating that the 54 Burmese
fishermen, whose immediate release was ordered by a court in 1999, are
still illegally incarcerated in two Calcutta jails in West Bengal, India.</font>
<p><font size=+1>In his petition, Deepak Prahladka stated that on the 26th
July of 1997, total 63 (9 Thai nationals and 54 Burmese) fishermen were
arrested for illegally entering Indian territorial water and detained in
Calcutta jails. They were arrested from Thai-owned fishing boats in 1997
from the Sunderbans in West Bengal.</font>
<p><font size=+1>In September 1999, a Sub-Divisional Judicial Magistrate
in West Bengal, India convicted all the 63 fishermen under Section 14 of
the Foreigners Act and sentenced them to suffer Rigorous Imprisonment for
two years and also directed that the period of detention of the 63 fishermen
be computed and set off by the jail authority accordingly.</font>
<p><font size=+1>The magistrate also directed that since all the 63 fishermen
have already suffered sentence of imprisonment ordered, all of them be
pushed back and/or deported to their respective country immediately.</font>
<p><font size=+1>In view of the order, nine Thai fishermen were released
from the jail and deported to their country. However, the remaining 54
Burmese fishermen are still illegally incarcerated in Presidency Jail and
Alipore Jail in Calcutta, West Bengal.</font>
<p><font size=+1>He further stated that illegal incarceration of the 54
Burmese fishermen not only violates their human rights and Article 22 of
the Constitution of India but also constitutes criminal contempt of subordinate
court and also causes pecuniary loss to Indian public exchequer as the
jail authority has to feed all of them at the cost of the Indian public.</font>
<p><font size=+1>In October last year, the Burmese staged a hunger strike
demanding for their immediate release but ended on 5th day of the strike
after they were assured of early release by the Indian jail authorities
and concerned Burmese embassy representative in Calcutta Mr. P. B. Chowdhury.</font>
<p><font size=+1>The Burmese fishermen are from various parts of Burma
such as Irrawaddy Division, Mon State, Rangoon Division and Tanensari Division.</font>
<p> </html>
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