Criminal Writ Petition No. 1546 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Writ Petition No. 1546 of 2009 Date of Decision: 27.1.2011 World Human Rights Council …Petitioner Versus Union of India and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ranjan Lakhanpal, Advocate for the petitioner. Mr. Ajay Kaushik, Advocate Standing Counsel for respondent No.1. Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for respondents No.2 to 5. Kanwaljit Singh Ahluwalia, J. (Oral) In the present writ petition, under Article 226 of the Constitution of India, it is prayed that Mohammad Bilal son of Rehmat Ali is a Bangladesh national and is unlawfully detained in the Central Jail, Amritsar, after the period of his sentence is over. This fact is disputed by the Under Secretary (Foreigners), Ministry of Home Affairs, who has filed an affidavit, wherein it is stated that the alleged detenue, namely Mohammad Bilal is not a Bangladesh national but a Pakistan national. Furthermore, a request has been made to the Government of Pakistan that travel documents of the detenue be supplied for his onward journey to Pakistan, but the Government of Pakistan has paid no Criminal Writ Petition No. 1546 of 2009 2 heed to the request made. Mr. Ranjan Lakhanpal, Advocate, who has filed this petition, for redressal of grievance of Mohammad Bilal, has controverted the stand taken by respondent No.1 by reiterating that he is a Bangladesh national. Whether the detenue, namely Mohammad Bilal is a Bangladesh or Pakistan national, is a disputed question of fact, which can only be determined after the evidence is led by the parties. The writ Court cannot decide the disputed question of fact. Hence, the present writ petition is disposed of by directing the District & Sessions Judge, Amritsar, to hold an enquiry and determine as to whether Mohammad Bilal, who has been kept in the Transit Camp in Central Jail, Amritsar, is a Bangladesh or Pakistan national. The petitioner is at liberty to lead evidence to this effect and at the same time, the respondents can controvert this fact by placing necessary documents on record and leading evidence. The District & Sessions Judge, Amritsar, shall conclude the enquiry within a period of three months from the date of receipt of a certified copy of this order. Thereafter, the petitioner shall be at liberty to approach this Court on the basis of findings recorded by the Enquiry Officer. (Kanwaljit Singh Ahluwalia) Judge January 27, 2011 “DK”