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/-

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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  

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  to  repatriate  Mr.  Jafaria  to  Pakistan  on  25th 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  

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  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]