Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION(CRIMINAL)NO. 49 OF 2009
JAFARIA ....PETITIONER
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT/(S)
O R D E R
1. According to the petitioner, he is a permanent
resident of Chorewala, District Rahimiarkhan, Pakistan
and has been illegally detained for the last three and a
half years in Central Jail, Jaipur though he has
undergone actual sentence of nine years awarded by
Sessions Court in Sessions Case No. 228 of 1997 by
judgement dated 16.01.2006. The present confinement,
according to him, is contrary to Article 21 of the
Constitution of India. In the writ petition he has also
highlighted various details and finally prayed for
issuance of a writ of Habeas Corpus to release him from
Central Jail, Jaipur forthwith.
2. Pursuant to the notice issued by this Court,
State of Rajasthan has filed a counter affidavit stating
that they have no objection in releasing the petitioner
from Central Jail, Jaipur.
...2/-
-2-
3. On behalf of the Government of India, Deputy
Secretary (Foreigners) in the Ministry of Home
Affairs,filed an affidavit highlighting its stand. Mr.
Gopal Subramanium, learned Solicitor General appearing
for the Union of India, by drawing our attention to
paragraph 10 of the said affidavit submitted that in
view of the decision taken by the Union of India, no
direction is required from this Court. It is useful to
refer paragraph 10 of the said affidavit which reads as
under:
'Most respectfully, it is further submitted that
for the repatriation of all Pak nationals including Mr.
Jafaria, who have completed their sentence and who have
been confirmed by the Pakistani authorities as Pakistani
nationals, this Ministry had sought 'No Objection' from
the State Governments concerned (including Government of
Rajasthan in respect of Mr. Jafaria). No objection from
the Government of Rajasthan in respect of Mr. Jafaria
has since been received. It has accordingly been decided
th
to repatriate Mr. Jafaria to Pakistan on 25 March,
2010 through the Attari-Wagha border'.
4. In view of the specific information that the
Government of India has taken a decision to repatriate
th
the petitioner namely, Jafaria, to Pakistan on 25
March, 2010 through Attari-Wagha Border, no further
direction is required except recording the above
information. This Court appreciates the efforts made by
the learned Solicitor General and the ultimate decision
by the Government of India.
5. With the above observation, the writ petition is
disposed of.
...................J.
[P. SATHASIVAM]
NEW DELHI ...................J.
22ND MARCH, 2010 [H.L. DATTU]