ABDULLAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two connected petitions filed by one Abdul Hafiz on behalf of one ahdullah alias Irsad Ali, son of Rehman Ali, resident of Malpura, District Tonk, at present detained in District Jail, Tonk under the orders of the Superintendent of police, Tonk passed in exercise of the powers under Section 5 of the Foreigners (Internment) Order, 1962 (hereinafter to be referred as "the Order" ). The facts stated in both the petitions are almost identical. In the writ petition it has been prayed that the State of Rajasthan and its agents be prohibited from deporting the petitioner to Pakistan and any other appropriate writ, direction or order may be issued, whereas in the Habeas Corpus Petition it has been prayed that the petitioner may be ordered to be released. Of course the prayer for restraining the state of Rajasthan and the Police from deporting the petitioner to Pakistan has been repeated in this petition also.

(2.) THE learned Additional Advocate-General has stated before us at the very outset that in the present circumstances the petitioner is not being deported to Pakistan on account of continuance of hostility between India and Pakistan, but that he shall remain confined in Internment Camp until otherwise directed by the Central government. In this connection we may observe that Section 5 of the Order itself provides that every person arrested under the provisions of sub-paragraph (1)shall be surrendered as soon as may be, to the Commandant of an Internment camp in pursuance of sub-paragraph (2) shall be confined in the Internment camp, until otherwise directed by the Central Government. In such circumstances, the question of deporting the petitioner to Pakistan does not arise and the prayer made on behalf of the petitioner for restraining the State of Rajasthan and its officers from deporting the petitioner to Pakistan becomes infructuous and is therefore rejected as such.

(3.) THE only point, therefore, we are called upon to decide is whether the petitioner's detention is illegal?