( 1 ) MR Malhotra, the learned Additional Solicitor general submits that the affidavit has been filed with regard to the policy of the central Government concerning terminally ill undertrials who are foreign nationals. The entire affidavit is relevant and accordingly, the same is reproduced hereinbelow:

"1. In pursuance to the orders of this Hon ble Court in the instant case the issues were considered by this Ministry through an interministerial meeting which was attended by the senior officers of the Ministry of Home Affairs, DG, Tihar Jail, representatives of ministry of Health and Family Welfare as well as Law Officer of prayas (an NGO), West Delhi. 2. After detailed deliberations, a general view was that the Government should move a prayer before the Hon ble Court opposing grant of bail to Ms. Wernli Monika Barbara on the following grounds- (i) In an earlier similar case an Ugandan national Dorothy namirumu was released on bail some time in September 1998. She has not yet returned to face trial after her treatment; (ii) There are sufficient facilities in the jail premises and other hospitals for providing medical treatment to the HIV patients; (iii) If we g