Under Article 72 of constitution, the SC judge requested the Prime Minister to look into the matter and said that Chisti was very old now and said "it will be a disgrace for our country if he dies in jail."
"Time is of the essence in the matter, if a pardon is granted it will enhance the prestige of India," said Katju putting forward his plea.
According to Chisti's relatives, who is a micro-biologist from Karachi, he came to Ajmer in 1992 to visit his ill mother. He was later arrested on charges of murder.
"He is suffering so much because he is a Pakistani. I have not been able to see him for the past three months. He needs to be moved in the jail on a stretcher for almost a kilometre for us to meet him. It breaks my heart to see him. I start crying, and he too starts weeping," said brother of Khaleel Chishti, Jameel Chishti.
Unable to walk properly and a heart patient, Khaleel is always carried by people in jail.
Human Rights activists argue that the man has already suffered a lot and whatever is happening to him is inhuman. They demanded a release of Chisti on the grounds that it would do justice to the old man.
Pakistan Supreme Court rejected the appeal on Wednesday, Jun 15 saying that the case cannot be handled by the country as it is beyond territorial jurisdiction.
His family wants Chisti to come back as they claim that Chisti will not live any longer and his wish before he dies is to be in Pakistan, see his family and children.
The appeal made by Markandey Katju only brings a flash of hope in the lives of the prisoners family and possibly remind the Indian government of same what was done by Pakistan when Gopal Dass, a Indian prisoner was released after 27 years by the Pakistani President on the humanitarian levels.