WE ARE SAATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed by the Petitioner, an NGO, seeking multiple reliefs. Learned counsel appearing on behalf of the Petitioner contends that there are several Foreign Nationals in India who have neither caused any wrongful loss to anyone or secured unlawful gains for themselves and are not a threat to the Society but are unnecessarily detained or sent to judicial custody and therefore directions be issued to the Respondents herein to submit a status report to this Court indicating the details of such Foreign Nationals who are in custody, whether convicted or under-trial and who entered the territory of India legally but are not involved in any offence and have no criminal antecedents. Directions are also sought to the Respondents to frame guidelines to deport such Foreign Nationals who are unnecessarily detained or sent to judicial custody. Additionally, Petitioner seeks a direction to deport two citizens of Nigeria, whose names are specifically mentioned in the petition as well as in the prayer clause, as according to the Petitioner they have been illegally detained and are in unwarranted judicial custody.

(2.) We have heard learned counsel appearing on behalf of the Petitioner and have looked into the facts and circumstances involved in the case.

(3.) At the outset, it needs to be mentioned that the names of the two Nigerians referred to in the writ petition are not being mentioned in the present order and the two are being referred to as 'A' and 'B' respectively.