IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11995 of 2008 Date of decision: February 2, 2009. Balbir Singh ...Petitioner(s) v. Union of India & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri V.K. Sandhir, Advocate for the petitioner. Shri S.K. Sharma, Advocate for respondent(s) No.1. Shri I.S. Saggu, Advocate, for respondent No.2. ORDER Surya Kant, J. - (Oral): The petitioner's son is undergoing sentence in a Hong Kong jail for the alleged murder of a Pakistani national. The petitioner seeks a direction to the Ministries of External Affairs and Home Affairs, Govt. of India, to consider the ad hoc transfer of his son from Hong Kong to some Indian prison in terms of letter dated 18.9.2007 (Annexure P-4), which appears to be the consent on behalf of the Hong Kong Government regarding temporary transfer of the petitioner's son to an Indian prison. Notice of motion was issued and in response thereto, the respondents have filed their counter affidavit which is taken on record. It is explained that after enactment of the Repatriation of the Prisoners Act, 2003, CWP No.11995 of 2008 [2] which came into force on 1.1.2004, the Ministry of Home Affairs initiated process with the Government of Hong Kong and after final round of discussions which took place on 22-24 July, 2008, an agreement has been arrived at and initialled on 24.7.2008. It is stated that further necessary steps are being taken to formally sign the agreement which would facilitate the ad hoc/temporary repatriation of 39 Indians, including the son of the petitioner, who are undergoing sentence in Hong Kong jails. The counter affidavit further explains that the Govt. of Hong Kong, Special Administrative Region (HKSAR) is also required to seek permission of the Peoples Republic of China before the agreement can be formally signed and made operational. Having heard Learned Counsel for the parties and keeping in view the stage of the Treaty referred to by the respondents in their counter affidavit, I deem it appropriate to dispose of this writ petition with a direction to the respondents to expedite the further process on their part and make an earnest effort for finalization of the Treaty as early as possible so that the Legislative mandate behind the Repatriation of the Prisoners Act, 2003 can be given effect at the earliest. February 02, 2009. [ Surya Kant ] kadyan Judge