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The Supreme Court on Wednesday issued notice on a plea filed by wife of Major Kanwaljit Singh, who has been evidenced and heard to be held under the illegal detention of the Government of Pakistan, seeking direction to the Indian Government to approach the International Court of Justice against Pakistan for releasing all the 'Prisoners of War' (PsOW).

A bench of Justice DY Chandrachud and Justice Surya Kant directed the matter to be listed after 3 weeks stating that the matter pertains to an important issue.

The petition has been filed by Jasbir Kaur seeking direction for setting up a domestic as well as an international mechanism for effectively enforcing the right to life under Article 21, the universal declaration of human rights, and the Geneva Convention for Treatment of Prisoners of War (PsOW) for protection of said rights.

The Public Interest Litigation states,  "PIL is necessitated by the circumstances wherein admittedly at least 54 PsOW are evidenced and heard to be still held under the torturous detention of Government of Pakistan since the 1971 War."

It has also been alleged that "the perpetrators of these heinous crimes of illegal detention and torture of helpless prisoners of war, against the Universally applicable Geneva Convention, have not been brought to book till date." 

The plea also seeks direction to the Central Government to procure the list of PsOW from the International Red Cross, who were scheduled to be repatriated by Pakistan in years succeeding the 1971 war but ultimately not repatriated as scheduled in the third train of PsOW.

Further, the plea also seeks a direction to "take initiative to observe one day every year as 'Prisoners of War Day' nationally and moot the idea of observing the same internationally, to ensure avoidance of complacency, inertia, and carelessness in their matters and instead for adding fresh fuel to their pending release and early repatriation."

Cause Title: Mrs Jasbir Kaur & Anr. Vs. Union of India & Anr.