The apex court asked the Ministry of External Affairs to file a fresh affidavit within six weeks indicating current status of the list prepared by government in 1985 admitting that 54 Indian defence personnel were held as POWs in Pakistan during the 1971 war.
A Bench headed by Chief Justice R M Lodha said "29 years is a long time" since the list of 54 POWs was prepared and it has to be determined what is their status as some of them may not be alive.
"State has to take a responsive stand. It is the matter of its army and airforce personnel," the bench, also comprising justices Kurian Joseph and R F Nariman, said while adding that "government has different means to estimate how many of them are in Pakistani jails".
"It has different agencies. It has different sources that you can't even conceive. It does not persuade me to believe that 54 PoW are there after 43 years. Many of them may have died," the bench said after taking note of the submission that Pakistan has been claiming that there was not a single Indian POW in its jails.
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