1. ' NASIR ASLAM ZAHID, C.J.--- Pursuant to orders passed by this Court, Central Prison, Karachi authorities have produced the following detenus:--
(1) Allah Mehar son of Abdullah,
(2) Nizamuddin son of Allah Mehar,
(3) Zafar son of Allah Mehar,
(4) Chaman son of Allah Mehar,
(5) Imamuddin son of Allah Mehar,
(6) Salahuddin son of Allah Mehar,
(7) Mst. Muradan wife of Allah Mehar,
(8) Najma daughter of Allah Mehar.
2. ' All of them belong to the same family, i,e, Allah Mehar, his wife Mst. Muradan and their five sons and one daughter. The detenus were alleged to be Indian nationals and four of them, namely, Allah Mehar, Zafar, Chaman and Imamuddin were detained under orders of the Government. As their detention had exceeded the prescribed period, their cases were referred from time to time to the Federal Review Board under Article 10 of the Constitution for extension of the period of their detention. However, by order, dated 31-5-1992, the Federal Review Board declined to extend any further the period of their detention and directed their release. In the said order, dated 31-5-1992 of the Federal Review Board, it was observed as follows:- "From the circumstances narrated before us, we are inclined to observe that internees have been involved through manipulations of Rana Zahid Mahmood (an officer in the Special Branch) and his companion in order to cover up Allah Mehar's daughter and to indirectly put pressure upon them not to pursue the complaint filed against Rana Zahid Mahmood."
3. ' The four detenus were released pursuant to the orders passed by the Federal Review Board on 31- 5-1992, but after about a month, the said detenus alongwith their other family members were rearrested and an attempt was made to push them into India across the border near Umerkote.
4. However, this attempt on the part of the authorities was plainly illegal inasmuch as the Federal Review Board had already ordered their release.
5. ' The present Constitution petition was then filed by Muhammad Shaukat Arain challenging the illegal detention of the eight (8) detenus. Pursuant to orders passed by this Court, the 8 detenus have been produced today.
6. ' We have asked the learned Standing Counsel and also the learned Additional Advocate-General, to show us the authority of law under which the detenus have been and are being detained after their release pursuant to the orders, dated 31-5-1992 of the Federal Review Board. Mr. S. Tariq Ali, Standing Counsel, Government of Pakistan, has not been able to show any order passed under any law authorising the detention of the detenus. Mr. Siddiq Kharal, Additional Advocate-General, however, on going through the files brought by the representative of the Home Department, has placed on record seven (7) orders, having been passed by the Government purporting to detain the detenus (except Najma daughter of Allah Mehar, in respect of whom no orders have been produced), under section 3 of the Foreigners Act, 1946. However, Mr. Siddiq Kharal frankly conceded that, as previously also the four detenus of the family had been detained under the same law and their release was ordered by the Federal Review Board on 31-5-1992, the detenus and their family members could not be rearrested and detained under the same provision. In our view also, the said orders are without authority of law and illegal. The said orders, all dated 8-2-1994, are declared to have been passed without lawful authority and to be of no legal effect. As a result, the eight (8) detenus produced before us are free, as they are not required in any other case.
7. ' This petition stands disposed of accordingly.