( 1 ) BY way of this Special Civil Application under Art. 226 of the constitution of India, the petitioners (1) Mr. Ktaer Abbas Habib Al Qutaifi and (2) Taer al Mansoori, aged 16 and 17 years respectively (hereinafter referred to as the refugees) of Iraq Origin, seeks direction to release them from detention at the Joint Interrogation centre, Bhuj, Dist, Kutch, State of Gujarat and instead of deporting them to Iraq, they may be handed over to United Nations, High Commissioner for Refugees known as unhcr on the basis of principle of non-refoulement.

( 2 ) THE "humanitarian Jurisprudence" is now an International Creed in time of Peace and War. According to Jean Pictet, an authority on Humanitarian law, "it is based on two basic principles viz.- necessity and humanity". The word "humanitarian" itself directs humanitarian touch to the problem. Amnesty international report 1998 on Iraq has reported detention of hundreds of suspected Government opponents including the possible prisoners of conscience, without trial. It has also reported hundreds of execution, some of which may be extra judicial. The report has quoted Decree No. 115 dated 25th August, 1994 issued by the G