JAFARIA Vs. UNION OF INDIA

JUDGEMENT

(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.

(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: