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Constitutional Petition No. D‑325 of 1984, decided on 16th May, 1984.
‑‑‑S. 497‑‑Constitution of Pakistan (1973), Art.199‑‑Foreigners Act (XXXI of 1946), S.14‑‑Detention‑‑Government only interested in securing presence of detenu at time of their expatriation‑‑Detenus ordered to be released on bail with direction that they shall appear before District Magistrate on fifth of each month to show their presence.
Akhlaque Ahmed Siddiqui for Petitioner.
Muhammad Ibrahim Memon, A.A.‑G. on Court's notice.
The Additional Advocate‑General states that the detenus Abdul Ghani and Miss Khurshida, are in detention, as they are foreign nationals of Bangla Desh. He states that steps are being taken to expatriate them to Bangla Desh.
The learned Additional Advocate‑General states that, in fact, the Government is only interested in securing the presence of the detenus, so that, at the time of their being expatriated to Bangla Desh, the Government should be able to find them. On the other hand, Mr. Akhlaque Ahmed Siddiqui also does not contest the position that the detenus have even been convicted under the Foreigners' Act on their own plea of guilt. In these circumstances, the Additional Advocate‑General has no objection to the release of these detenus on bail on condition that they shall appear before a local Magistrate at given times. We admit the two detenus to bail in the sum of ks.5.U00 with P.R. and one surety in the like amount to the satisfaction of the District Magistrate (South), Karachi. The detenus shall appear before the District Magistrate on the fifth day of each calendar month to show A their presence. Such appearance shall be made for a period of six months from today. This order for appearance shall however, be liable to variation, if the Additional Advocate‑General makes an application to such effect.
Mr. Akhlaque Ahmed Siddiqui is satisfied with the order that has been passed by us by consent, and he withdraws this petition.
The petition is dismissed as withdrawn, but subject to the above order.
S. A. Dismissed as withdrawn.
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