MOHAMMAD IMRAN CHAUDHARY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, a Pakistani National, who is at present confined in Central Jail, Amritsar, seeks issuance of a writ of Habeas Corpus or any other appropriate writ, order or direction to the respondents for his deportation to his native country, i.e. Pakistan.

(2.) NOTICE was issued to the respondents, who are four in number, i.e. State of Punjab, Deputy Commissioner, Amritsar, Superintendent Central Jail, Amritsar and Union of India.

(3.) THE learned Deputy Advocate General for the State of Punjab, Mr. S.S. Randhawa, contended that as a matter of fact, the relevant jurisdiction and concern in this regard is that of Union of India and respondent No. 4 is the competent authority to take a decision in this regard. Today, Shri M.S. Guglani, Additional Central Government Standing Counsel, placed the original letter before the Court issued by the Government of India, Ministry of Home Affairs dated 3.12.1998 in respect of the petitioner and with reference to this Criminal Writ Petition No. 1089 of 1998, wherein it has been mentioned in para 2 as under :-