The welfare of the detainees, especially family members, should be considered in decisions regarding their detention and transfer.

JUDGMENT

Gurvinder Singh Gill, J. (Oral) - The present petition has been filed by the petitioner Julaha @ Julaha Yusuf seeking issuance of a direction to the respondents to produce petitioner's son namely Sayedul Amin @ Said Ulla Amin @ Saidul and to set him at liberty.

2. Learned counsel for the petitioner has, however, confined his submissions to the relief of transfer of petitioner's son namely Sayedul Amin @ Said Ulla Amin @ Saidul from Amritsar, where he is presently detained in Detention Center, Amritsar to Chandeni Rohingya Refugee Camp, Tehsil Nuh, District Mewat, Haryana.

3. The petitioner's son is being detained in Amritsar as he is alleged to have entered into India without any proper documents and without any passport and is stated to have been later registered as a refugee. The main contention put forth on behalf of the petitioner is that even if both the petitioner and petitioner's son namely Sayedul Amin @ Said Ulla Amin @ Saidul are to be detained, they be kept at one place being mother and son till they are deported back.

4. Today, Mr. Satya Pal Jain, Additional Solicitor General of India representing respondent No.1-Union of India has informed that the Ministry of Home Affairs or Union of India has no objection in case the petitioner is transferred from Amritsar to Chandeni Rohingya Refugee Camp, Tehsil Nuh, District Mewat, Haryana provided the State of Punjab, where the petitioner's son is presently kept, as well as the State of Haryana, where the petitioner's son is to be transferred, do not have any objection for the same.

5. Learned State counsel representing State of Punjab as well as learned State counsel representing State of Haryana, upon being asked by this Court, have expressed that both the States possibly cannot have any objection for transfer of petitioner's son namely Sayedul Amin @ Said Ulla Amin @ Saidul from Amritsar to Chandeni Rohingya Refugee Camp, Tehsil Nuh, District Mewat, Haryana so as to enable him to stay with his mother, where also he is going to be kept detained in a refugee camp.

6. In view of the aforestated position, the present petition is accepted. Additional Director General of Police (Prisons), Punjab is directed to do the needful for arranging for the conveyance and for ensuring that the petitioner's son namely Sayedul Amin @ Said Ulla Amin @ Saidul is taken from Amritsar, where he is presently detained in Detention Center, Amritsar and consigned to Chandeni Rohingya Refugee Camp, Tehsil Nuh, District Mewat, Haryana.

7. The petition stands disposed off with aforesaid directions.