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High Court of DelhiW.P.(CRL)/3447/2016

Frankline Okechukwu Egwim v. Govt. Of NCT Of Delhi & ORS.

2016-12-20Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice Vinod Goel2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3447/2016 FRANKLINE OKECHUKWU EGWIM ..... Petitioner Through Mr.Kamlesh Kumar Mishra, Adv. with Mr.Vishal Kalra, Adv.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Mr.Rahul Mehra, Standing Counsel (Crl.), GNCTD with Mr.Tushar Sannu, Adv. for State along with SI Yogendra Kumar, PS Burari, in person.

Mr.Santosh Kumar Pandey, Adv. for R-2 along with Mr.Anand Kumar, IO & FRRO Officer and SI Sushil Tiwari, FRRO Officer, in person.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 20.12.2016 The present petition has been instituted under Article 226 of the Constitution of India seeking a writ of Habeas Corpus for production of Mr.Nnaji Kenneth Izuchukwu and Mr.Ukagha Ifeanyi Stanley before this Court, as they stand illegally detained by the respondents. The respondents have appeared in this matter and have informed the Court that stay of the aforesaid two persons in India is illegal as their visas expired somewhere in the year 2013. Awaiting orders for their deportation as their stay in this country is illegal, they have been placed before Sewa Sadan, Lampur Narela, Delhi,

Learned counsel for the petitioner states that under the Refugee law, the aforesaid two persons have substantive rights. He seeks leave to withdraw the present petition so as to seek appropriate remedy as available in accordance with law. He also prays that in the meanwhile, the petitioner may be allowed to meet the aforesaid two persons and to take legal assistance. Counsel appearing for the Union of India submits that subject to reasonable restrictions, they have no objection if the petitioner or any authorized person including a lawyer meets the aforesaid two persons.

The petition is dismissed as withdrawn. Leave as prayed is granted. Dasti.

G.S.SISTANI, J.

VINOD GOEL, J.

DECEMBER 20, 2016/ka/