Thursday, August 25 2005 11:40 Hrs (IST) - World Time -

Islamabad: Pakistan yesterday (August 25, 2005) informed India that its request for consular access to Sarabjit Singh, sentenced to death for his alleged involvement in bomb blasts in this country, was being examined as senior Ministers here were locked in a debate whether President Pervez Musharraf was authorised to pardon him.

Pakistan Foreign Secretary Riaz Muhmmad Khan informed Indian High Commissioner Shivshankar Menon during a meeting that New Delhi's request was being examined, Indian officials here said.

Pakistan Foreign Minister Khurshid M Kasuri also told PTI that the Indian request has been referred to the Interior Ministry and a decision on it would be taken soon.

The Indian High Commission officials had sought consular access to firmly establish Singh's identity and national status before proceeding ahead on the options to get him out. Pakistan claims Sarabjit Singh is Manjit Singh.

The request for access, second during the last 15 years since Sarabjit Singh's arrest, has not been acceded to so far.

"He has been known by different names and we would like to firmly establish his identity. Despite repeated attempts we have not been able to meet him or any of 107 other prisoners who were convicted in Pakistan," an Indian official here said.

Menon met Khan and discussed the issues relating to the case. The two also reportedly discussed forthcoming visit of Foreign Secretary Shyam Saran to Pakistan to review progress in the second round of composite dialogue process on September one and two, ahead of the likely meeting between Prime Ministe Manmohan Singh and Musharraf on the sidelines of UN General Assembly in New York next month.

Kasuri said that Sarabjit Singh, who was lodged in the Khot Lakhpath jail, was in good health.

Legal experts here, who examined details of Sarabjit Singh's case, said Pakistan Supreme Court, which upheld his death sentence, has not yet delivered a full written judgement. What came last week was a preliminary verdict the details of which were released through official media.

His lawyer could file a review petition after receiving the written judgement as Sarabjit Singh still would have about 30 days' time to file the review petition.

Meanwhile, both Prime Minister Manmohan Singh and Musharraf could directly discuss a way out of the case when they meet in New York, the legal experts said.

After all this, Sarabjit Singh and India could consider forwarding a mercy petition to Musharraf.

However, controversy prevailed over the course of the legal options left for Sarabjit Singh as Kasuri and Information Minister Sheikh Rashid Ahmed differed on whether Musharraf had the power to grant clemency to him if he filed a mercy petition.

Kasuri said Article 45 of the Constitution granted power to Musharraf to pardon any prisoner, hinting that Sarabjit Singh had the option to appeal for clemency.

"The death sentence awarded by the courts can only be changed by the President on a mercy petition," Kasuri said, declining to react to remarks by his ministerial colleague Rashid who openly differed saying that under Islamic law the President had no such power and Sarabjit Singh could only be pardoned by relatives of the victims of the bomb blasts in 1990 in which he was allegedly involved.