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[2010] 3 S.C.R. 714
JAFARIA
v.
UNION OF INDIA & ORS.
(Writ Petition (Criminal) No. 49 of 2009)
MARCH 22, 2010
[P. SATHASIVAM AND H.L. DATTU, JJ.]
Constitution of India, 1950:
Articles 32 and 21 - Writ of habeas Corpus - Pakistani
C national, convicted by Court of Session in India - Continued
to be in prison in India, after serving the full sentence - HELD:
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In view of specific information that the Government of India
has taken a decision to repatriate the petitioner, no further
direction is required - International Law - Repatriation.
CRIMINAL ORIGINAL JURISDICTION : Wrlt Petition
(Criminal) No. 49 of 2009.
Under Article 32 of the Constitution of India.
8.S. Billoria, Dinesh Kumar Garg for the Petitioner.
Gopal Subramanium, SG, Dr. Manish Singhvi, AAG, Aman
Ahluwalia, S.N. Terdal, Devanshu Kumar Devesh, Vinay Kumar
Sharma, Milind Kumar for the Respondents.
The following Order of the Court was delivered
ORDER
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
G 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
Co~stitution of India. In the writ petition he has also highlighted
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714
JAFARIA v. UNION OF INDIA & ORS.
715
various details and finally prayed for issuance of a writ of A
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.
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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
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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
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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
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Government of Rajasthan in respect of Mr. Jafaria has
since been received. It has accordingly been decided to
repatriate Mr. Jafaria to Pakistan on 25th March, 2010
through the Attari-Wagha border'.
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4. In view of the specific information that the Government
of lnrfia has taken a decision to repatriate the petitioner namely,
Jafaria, to Pakistan on 25th 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
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Government of India.
5. With the above observation, the writ petition is aisposed
of.
R:P.
Writ Petition disposed of.
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