2003 INSC 0807
                                    SUPREME COURT OF INDIA

                                                 Noor Mohd.

                                                      Vs.

                                               Union of India

                               (Ruma Pal and P.Venkatarama Reddi JJ.)

                                                 18.09.2003

                                                   ORDER

1. Notice in this matter was issued to the union of India and the other respondents on the
basis of a letter written by 15 detenus who are all Pakistani nationals and who claimed that
they continued to be in jail despite the fact that they had long served out the sentence which
had been imposed against them in respect of various crimes with which they charged. These
detenus prayed that orders of deportation may be passed to enable them to go back to
Pakistan. Since the detenus were unrepresented, the Court requested Mr. K. Parasaran and
Mr. Bhim singh to assist the Court in the capacity of amicus curiae. They have assisted the
Court extremely ably and which the Court acknowledges. They have been able to do so with
the able assistance of Mr. A. Subba Rao, Advocate-on-Record.

2. We have been taken through a wealth of materials to indicate what would be the
appropriate steps which could be directed to be taken by the respondent authorities in such a
case.

3. We have also been helped considerably by the Attorney General who has effected, what,
in our view, appears to be a satisfactory solution to the problem. Subsequent to the
appearance of the Attorney General on the last occasion, on 20-8-2003, the Government of
India passed orders under Section 3(20(c) of the Foreigners Act, 1946 on 5-9-2003 in respect
of 8 of the petitioners. This order is an order of deportation and requires these 8 detunus not
to remain in India and to depart from India by 30-9-2003.

4. On 8-9-2003, the Government of India passed a second order under Section 3(2)(e) of the
Foreigners Act, 1946 in respect of 13 petitioners including the 8 petitioners herein in which
all the 13 petitioners were required to reside at the Security Ward, Alwar District, Jail
Premises (outside main jail) and not to move out of the said place till appropriate travel
arrangements were made for their repatriation to Pakistan. The distinction between the first 8
and the remainng 5 in this list of 13 detenus is that as far as the first 8 are concerned, the
Government of Pakistan had agreed to accept their repatriation and the formalities with
regard to their repatriation are stated to be underway. Steps are also being taken to repatriate
the remaining 5.

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5. As far the remaining two detenus out of the original list of 15 are concerned, they are both
undergoing trial in the Court of ACJM No.5, Jaipur City, Jaipur. Until and unless the trials
are complete and they have served their period of sentence, if any, which may be imposed on
them as a consequence of the trial, there can be no question of their being deported from the
country.

6. The documents produced by the learned Attorney General at hearing may be kept on
record of this Court. In view of this development no further orders are required to be passed
in these proceedings which are accordingly disposed of. However, the Deputy Secretary
(Foreigners), Ministry of Home Affairs will keep Mr Subba Rao informed of the
developments regarding the deportation of the 13 detenus every six months and, if necessary,
Mr A. Subba Rao will draw the matter to the attention of Court.

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