ABBAS SALEH BATTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The six petitioners, who have been detained on different order passed by the Commissioner of Police, Greater Bombay, on different dates under the provisions of section 3 of the Maintenance of Internal Security Act, 1971, read with section 6(6) of the Defence of India Act, 1971, have filed this habeas corpus petition to quash the order of detention passed against them.

(2.) Admittedly, the petitioners are Pakistani Nationals and are foreigners. They happened to be in India under the following circumstances. On January 3, 1974, the officers of the Central Excise, Bombay, with the help of Indian Navy intercepted Arab Dhow "AL-Noor" of Worli which was carrying smuggled goods. The goods were seized and the eight crew members including the six petitioners were arrested. During investigation it was found that they had entered India without any travel documents. They were also prosecuted and sentenced to different terms of imprisonment. After the expiry of the sentence, they were detained under the orders of the Commissioner of Police, which were passed in the months of May and July 1974. The petitioners had filed Criminal Application No. 777 of 1974 in this Court challenging the orders of detention. In that petition, the Counsel on behalf of the Government made a statement that the Government will arrange to have the detenus deported to Pakistan on or before December 31, 1974. However, as they were not deported till that date, the present habeas corpus petition has been filed by the detenu.

(3.) We are now informed that the petitioners 1, 4 and 5 have since obtained passports and there would be no difficulty in deporting them. Mr. Kotwal, the learned Asst. Public Prosecutor, states before us that the Government will make the necessary arrangements to deport these three petitioners within two weeks time. As regard the other three detenus, viz., petitioners 2, 3 and 6, they do not hold a valid passport. As regards petitioner No. 3, we are informed that his passport has expired and arrangements are being made to get it revalidated. Similarly, the learned Counsel for the petitioners has also stated that petitioners 2 and 6 will arrange to get their passports. On getting the valid passports by petitioners 2, 3 and 6, it would be possible for the Government to deport them to Pakistan. Mr. Kotwal says that after petitioners 2, 3 and 6 obtain their passports and produce them to the jail authorities, arrangements will be made to deport them to Pakistan. We are informed on behalf of the petitioners that they will arrange for the necessary expenditure for their travel. Under the circumstances, they should be deported at their own expenses.