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2003 DIGILAW 1511 (SC)

Bisharat Ali Rajput v. Union of India

2003-11-21

P.VENKATARAMA REDDI, RUMA PAL

body2003
ORDER : 1. The Union of India is given a further and final period of three weeks within which necessary orders in respect of the six detenues who have been recommended for deportation must be passed. It is stated by the learned Attorney General appearing on behalf of the Union of India, that according to his instructions that with regard to four detenues who have been recommended for deportation and who do not belong to POK, the orders for their deportation will be passed. As to the nature of the order to be passed in respect of those who are from POK, the matter requires consideration. The names of the four detenues whose cases are recommended for deportation to Pakistan are Abdul Khaliq, appellant No.1, appellant No.3 Zulafkar Ali Shah, appellant No.5 Ifatkhar Hyder in Crl.No.690/01 and Salahuddin petitioner No.1 in W.P.(Crl)No.161/01. 2. As far as petitioners 2 and 4 namely Sayed Sajjad Ali Bukhari and Alam Khan in WP(Crl)No.126-129/03 are concerned the writ petition as far as they are concerned is dismissed as they are undergoing trial for various offences. As far as Amir Hamza is concerned, he is one of those whose name had been recommended for deportation he belongs to POK, and is consequently covered by the preceding order. As far Umaruddin alias Amzad Chadha is concerned, there appears to be some dispute as to his identity. The State Government will look into the question of the identity of Umaruddin and clarify whether the petitioner No.3 in this writ petition is referred to at Serial No.2 in the statement filed by the State and if not, his present status. 3. The matter is adjourned by three weeks.