SAKEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a habeas-corpus petition purporting to have been filed on behalf of Mst. Sakeena, though this petition is not signed by her, nor was the counsel who presented this petition empowered to present it on behalf of Mst. Sakeena. Along with this petition, affidavit of Mst. Lachman has been filed stating that she was the daughter of Mst. Sakeena and that the paras Nos. 1 to 5 of the petition were correct. The counsel appearing in this case was empowered to appear by a Vakalatnama by Mst. Lachmman. The petition is not properly drafted, but in view of the fact that it is a habeas-corpus petition, we have thought it proper not to reject this petition on this ground, but to treat it as a habeas-corpus petition on behalf of Mst. Lachmman for release of her mother Mst. Sakeena from the illegal detention by the State of Rajasthan.

(2.) THE case for release of Mst. Sakeena is based on the ground that she was an Indian national and was an Indian citizen. She was married to an Indian and she never went or migrated to Pakistan. THE State of Rajasthan wanted to deport her to Pakistan. THEreupon, she filed writ petition No. 116 of 1965, and obtained a stay order against deportation. She has been detained by the State of Rajasthan and it has been prayed in the petition that the detention order be set aside