1. This application is preferred under Section 482 with Section 411 of the Code of Criminal Procedure, 1973 for quashing the action of the respondent authority that without any reason the applicants, a foreign nationals have been detained illegally.
2. Upon issuance of notice, affidavit-in-reply is filed by Mr. N.C. Patel, Assistant Commissioner of Police, Special Branch, Surat City, and in no uncertain terms it is stated on oath that pursuant to the request dated 7.2.102, the Home Department of State of Gujarat upon advise that the applicants be kept in Joint Interrogation Centre, (Foreign Camp) Bhuj at Kutch and accordingly, they were sent to JIC on 22.2.2012 and restrictive order is passed in exercise of powers under Section 11 of The Foreigners Order, 1948 by Govt. of Gujarat notification dated 2.12.1960 but the same time the affidavit of Dy. Superintendent of Police, Joint Interrogation Centre, Bhuj at Kutch in para 2 is under:
"2. I state that I am filing this affidavit to state that both the petitioners are kept at Joint Interrogation Centre, Bhuj (Foreign Camp) with all other foreigners. There are 41 foreign nationals whose deportation orders are still not passed. I state that the petitioners were enrolled in JIC, Bhuj on 23.2.2012 in view of the order dated 20.2.2012 wherever their physical presence is required in connection with any proceeding including deportation proceeding. The deponent authority physically produce the foreign nationals for completing all formalities which are required and the deponent authority has to take care of all foreign nationals till the further orders are passed by competent authorities, courts including the orders of deportation. A copy of extract of enrollment register showing that the petitioners are enrolled at JIC, Bhuj (Foreign Camp) on 23.2.2012 is annexed herewith and marked as Annexure-I to this reply."
3. In view of the above, affidavits filed by the Police Officers, at this stage it cannot be said that the applicants are illegally detained and there whereabouts are not known, I am of the opinion that no proceedings required to be quashed and set aside and the application without any merit is rejected.
[ANANT S. DAVE, J.] //smita// Top