P L D 2012 Lahore 488 (PLP)
AWAIS SHEIKH — Petitioner Versus SECRETARY MINISTRY OF INTERIOR, ISLAMABAD and 2 others — Respondents
| Citation | P L D 2012 Lahore 488 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | AWAIS SHEIKH — Petitioner Versus SECRETARY MINISTRY OF INTERIOR, ISLAMABAD and 2 others — Respondents |
| Primary Law | Foreigners Act (XXXI of 1946) |
Q1: What are the key laws and sections cited in P L D 2012 Lahore 488 (PLP)?
This judgment primarily cites: Foreigners Act (XXXI of 1946) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2012 Lahore 488 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2012 Lahore 488 (PLP) (AWAIS SHEIKH — Petitioner Versus SECRETARY MINISTRY OF INTERIOR, ISLAMABAD and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Awais Sheikh, Advocate in person.
Headnotes / Summary
S. 14-C
Constitution of Pakistan, Art.199
Constitution petition
Custody/detention of foreigners pending deportation
Scope
Petitioner sought direction for release from jails of some foreign nationals convicted under the Foreigners Act, 1946 on the charge of invalid travel documents
Foreigner who had been sentenced under S.14-C, Foreigners Act, 1946 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
Foreigner could not be confined for unlimited period for his deportation under the Act
High Court directed the authorities to take necessary action in accordance with law expeditiously
Constitutional petition was disposed of accordingly.
Judgment & Decree
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 imprisonment; 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 fora 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 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. K.M.Z./A-125/L????????????????????????????????????????????????????????????????????????????????? Order accordingly.