A Gujarat fisherman died in a Pakistan jail last week after reportedly suffering a heart attack while waiting for his release and repatriation from the neighbouring country for more than three years, according to activists. He died on September 5, they added.

The fisherman, whose name has not been shared yet, hailed from Gir Somnath district of Gujarat. He was apprehended by Pakistan early in 2021 for allegedly violating territorial waters by crossing over to the Pakistan side of the disputed international maritime boundary line (IMBL) at the Arabian sea off Gujarat coast. He was tried in Pakistan and awarded a jail term.

Despite having served his time in jail, and India subsequently confirming that he was an Indian citizen, the fisherman’s wait to return home only ended in his death at Malir Jail in Pakistan on Thursday. Announcing the death, Jatin Desai, Mumbai-based journalist and activist, and Velji Masani, president of the Akhil Bharatiya Fishermen Association (ABFA), said in a joint release on Monday: “An Indian fisherman died in a Pakistan jail on September 5, 2024. The most shocking part is his sentence was over in July 2021. His nationality was also confirmed long ago. Had he been released earlier, he might have been alive today.”

No government official has commented on the issue yet. Desai, who works for the welfare of fishermen, and Masani said the Gujarat fisherman should have been repatriated to India long ago. “The section (V) of the bilateral Agreement on Consular Access, 2008, categorically says, ‘Both Governments agree to release and repatriate persons within one month of confirmation of their national status and completion of sentences’. It means he should have been sent back to India long ago,” they said in the statement.

Talking to The Indian Express, Desai, who has also served as general secretary of Indian chapter of Pakistan-India People’s Forum for Peace and Democracy (PIPFPD) said that Pakistan granted consular access to the Gujarat fisherman only in 2022. “By that time, he had already served his time in jail. Subsequently, it was verified that he was an Indian citizen. Once that was done, Pakistan was obliged to release and repatriate him. Despite that, the fisherman continued to be in jail. His detention was completely illegal once his sentence was over and his nationality was verified,” said Desai.
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India and Pakistan often have disputes over the alignment of IMBL, the notional maritime boundary. Every year, Pakistan arrests a few hundred Indian fishermen for alleged violation of its territorial waters. India, too, arrests a few dozen Pakistani fishermen for allegedly crossing over to the Indian side of the IMBL.The release said that presently, 210 Indian fishermen are in Pakistan’s custody, adding 182 of them have already completed their sentences and their nationalities have also been verified. “Fifty-two Indian fishermen have been in Pakistan jail for more than three years. Other 130 Indian fishermen have been in prison for over two years. Their sentences are over and their nationality has also been confirmed by India,” said the release.

“The family members of arrested Indian fishermen are tense and worried. The Ministry for External Affairs should use diplomatic channels and see to it that they are reunited with their families soon. Our information is that around 10 Indian fishermen are not well. They need good treatment. A team of Indian doctors needs to visit and check their health conditions,” the release further said, adding, “The mortal remains of the Indian fisherman should be sent home urgently… (it) normally takes around a month.”
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Masani told The Indian Express that India had released five fishermen and nine civilian prisoners on September 6, just a day after the death of the Indian fisherman. “Pakistan should reciprocate and release all Indian fishermen lodged in its prison,” said Masani, adding, “The Indian government has been trying its best for release and repatriation of the fishermen held by Pakistan.”