Through this petition under Article 199 of the Constitution of Islamic Republic Pakistan, 1973, the petitioner has sought a direction to the respondents for production of Stinder Pal Singh and Karale Bhanudas before this Court. In addition thereto, he has also prayed that the said persons be set at liberty.
2. Briefly, Stinder Pal Singh and Karale Bhanudas, Indian Nationals, were arrested by the Pakistani Authorities in connection with case FIR No. 560/2010, dated 19.8.2010, registered at Police Station Sadar Kasur Qin respect of the offence under Sections 4 of the Entry Pakistan Act, 1952 and case FIR No. 500/2009, dated 30.12.2009, registered at Police Station Manawan, under Sections 14 of the Foreigners Act. According to the petitioner, both the above named accused have already served out their sentences but despite that they are not being released on account of their identification.
3. In view of the importance of the matter, on the last date of hearing, the learned Additional Advocate General Punjab was directed to ensure filing of report regarding the foreigners who are confined in jails despite having served out their sentences. Today, learned Additional Advocate General has produced a detailed statement containing name and parentage of the prisoners, their domicile, the cases registered against them and the sentence awarded to them. A perusal of the said statement depicts dismal picture of the affairs being handled by the government inasmuch as 74 foreigners who have already served out their awarded sentences have been detained in jails for one reason or the other. Due to the said approach of the concerned authorities not only the public exchequer is being burdened with extra expenses towards maintaining of the said prisoners but the repute of the country at international level is also at stake. Further, the jail premises which are already over-crowded are also being further burdened due to the presence of these foreigners.
4. It is well established by now that detention of a prisoner after expiry of his sentence, whether native or international, without any rhyme or reason, is not only illegal but unlawful too inasmuch as the said approach runs contrary to the principles of natural justice. Moreover, the further detention of the foreigner prisoners who have already served out their sentences would be in contravention of the international law as well as the Constitution of Islamic Republic of Pakistan, 1973.
5. Being custodian of the Constitution, I hereby direct the Secretary, Ministry of Foreign Affairs, Islathabad, to take immediate measures, in collaboration with the other stakeholders, for the release of the foreigner prisoners and their subsequent deporting to their native countries. It is made clear that in the said process, the concerned authorities shall not care about the usual formalities and would not allow the technicalities to impede the said process rather they would make all out efforts for the said purpose. In this way, not only the burden on the jail premises would decrease but it would also bring good name to the nation as well. Consequently, office is directed to immediately dispatch copy of this writ petition along with the statement produced by the learned Additional Advocate General, to the Secretary, Ministry of Foreign Affairs, Islamabad, for compliance of this order. The learned Deputy Attorney' General for Pakistan as well as the learned Additional Advocate General shall remain intact to ensure the compliance of this order.
With these observations, this petition stands disposed of.
Before parting with the order, it is observed that due to the efforts of the petitioner, through his request was confined to only to the extent of two foreign prisoners, a number of other similarly placed persons came to the knowledge of this Court whereupon the concerned authorities have already been directed to take steps for their release. Further the undertaking given by the petitioner that he will also make similar efforts for release of Pakistan is who are detained in other countries is laudable.