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Civil Petitions Nos.10 and 11 of 1987, decided on 4th March, 1987.

---S.3(2)(g)--Detention, legality of--Foreign nationals, convicted under Foreigners Act and detained in jail for the purposes of repatriation only is not a case of illegal detention.

A.R. Kazi.Addl A.-G Sind and Imam Ali Kazi, D.A.G. for the State.

-Since the facts and circumstances are common in C.P.Nos.10 and 11 of 1987 therefore we propose to dispose of both the petitions by this single order.

Mr. A . R . Kazi has filed the comments of Section Officer (Passport) Home Department Government of Sind where it has been stated that petitioners were convicted under Foreigners Act, 1946 by S. D. M. Dalbandin, Baluchistan and thereafter their custody was received for repatriation to Sri Lanka. It has been also stated in the said comments that the detention orders passed on 30-11-1986 in respect of Rajkumar and Sivabalan have been revoked by the Government of Sind vide its order dated 13-1-1987. It has also been further stated that if the petitioners have sufficient amount then they may arrange the air tickets through the Superintendent of Central Prison Karachi.

This being the position the petitioners are not being held, under any detention order but are kept in Karachi Jail fur their repatriation to Sri Lanka under Section 3(2)(g) of the Foreigner Act 1946.

The petitioners in their petitions have submitted that they had enough money to go back. There is therefore now no difficulty in the way of the petitioners to go back to Sri Lanka as soon as they make the funds available to the Superintendent of Jail, Karachi who will purchase the tickets and the rest would be arranged by the Jail authorities and they will be put on board the aeroplane for their repatriation to Sri Lanka.

If the petitioners do not provide the funds then the arrangements for their tickets travel documents have to be made by the Ministry of Interior Government of Pakistan and that may involve some delay. Therefore the petitioners should be informed through Superintendent Jail, Karachi that they can now move to Sri Lanka if they make their arrangement of tickets and that they will be detained in jail for the purpose of repatriation only and not for any other purpose. In case the petitioner went to move for bail under the Foreigners Act then it will be considered on its own merits. These petitions are therefore disposed of.

S.G.D./R-16/K. Petitions disposed of.

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