JUDGMENT

Markandey Katju, J.

Qafas udaas hai yaaron sabaa se kuch to

kaho Kaheen to beher-e-khuda aaj zikr-e-yaar chale

FAIZ AHMED FAIZ

1. This is a writ petition filed under Article 32 of the Constitution of India praying for a direction to the Respondent, Union of India, to take immediate and necessary steps for release and repatriation of the Petitioner, who is allegedly detained in the Lahore Central Jail in Pakistan, through the diplomatic channel of the Ministry of External Affairs, Government of India, New Delhi.

2. It is alleged by the Petitioner that he is an Indian national. He was intercepted and arrested by the Pakistan Border Security Force in July 1984 when he alleged to have mistakenly crossed over the Indo-Pakistan border into Pakistan.

3. The Petitioner was tried by a Field General Court Martial at Sialkot Cantonment in Pakistan and was awarded life sentence on 27.12.1986 under Section 59/3 of the Pakistan Official Secrets Act, 1923. The said sentence was confirmed by Brigadier Mallik, Commander, 10th Brigade. He was lodged in different jails, and presently is allegedly in Mianwali Jail in Pakistan.

4. It is alleged that due to the Petitioner's detention his whole family