' ABDUS SATTAR ASGHAR, J.---Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 for a direction to the respondents to release some Nigerians Nationals confined in various jails of the Province of the Punjab.
2. It is argued by learned counsel for the petitioner that some Nigerians Citizens (details annexed with the petition) were convicted under the Foreigners Act 1946 facing the charge for keeping incomplete/invalid travel documents and sentenced for one month imprisonment and fine of Rs,5,000/- each in default to further undergo five days imprisonnient; that despite serving out the sentences they have not yet been released.
3. Arguments heard. Record perused.
4. At the outset it may be expedient to reproduce hereunder section 14-C of the Foreigners Act 1946 as under:- "A foreigner having no permission to stay in Pakistan, who has been convicted and sentenced to imprisonment under this Act shall not be released on the expiry of the sentence and shall continue to remain in custody for a period not exceeding three months to enable arrangements for his deportation to be finalized."
5. Bare reading of the afore quoted provision manifest that a foreigner who has been sentenced to imprisonment under the Act ibid may be kept under custody for another three months beyond the period of sentence in order to make arrangements during that time for his deportation. Needless to say that provision of section 14-C of the A Foreigners Act 1946 is applicable only to the persons convicted under the said Act and not to the persons sentenced to imprisonment under any other law. Certainly incarceration of a foreigner for indefinite period beyond the sentence of imprisonment is not desirable except as provided under the law. There is no concept of confinement of a foreigner for unlimited period for his deportation/externment under the Foreigners Act 1946. It is also on the record that High Commission of Federal Republic of Nigeria through Ministry of Foreign Affairs of Islamic Republic of Pakistan vide letter dated 20-4-2012 to the Secretary Home Department Government of the Punjab, Lahore, has already made a formal request to release the said Nigerians to enable them arrange their travel documents for their departure to Nigeria.
6. In the given circumstances, a copy of this petition is forwarded to the Secretary Government of the Punjab Home Department Lahore/respondent No,2 to look into the matter and do the needful expeditiously in accordance with law.
7. With the above observation, this petition is disposed of.