A division bench comprising Justice Y K Sabharwal and Justice K S Gupta deferred the hearing after it was informed that the Ugandan Government had not intimated its decision on the direction that certain high officials of the Ugandan High Commission here should stand surety as a pre-condition for the deportation of the detenue, Dorothy.

The bench had in its order yesterday said, ``Some high officials of the High Commission may have to stand surety for the accused, Dorothy, and give an undertaking to the high court and the government that if the accused survives, the Ugandan Government would ensure her presence in India to ensure trial.''

``In case the Ugandan High Commission waswilling to take these steps, this court can consider the submissions for passing necessary directions to facilitate Dorothy's presence with her relations in Uganda in view of her state of health,'' the bench said.

In a petition filed by the Aids Awareness Groups (AIDSAG) on behalf of the Ugandan national, a full-blown Aids victim, the government has been urged to deport her to her native country so that she may be in a position to spend her last few days among her relatives in peace.

The counsel for petitioner was directed to take up the matter with the High Commission and intimate about the outcome today.

The question of the surety of the High Commission came after Home Ministry counsel Maninder Singh submitted that the Department of Revenue which deals with the cases of the NDPS Act have objections to the move to drop prosecution as it would set up a bad precedent in all such cases.

Pursuant to the court directions of September 15, the Home Ministry assigned joint secretary in the ministry P KGulati to go into the feasibility of the deportation of Dorothy in view of the doctors' report that she was in a terminal stage of aids.

Singh submitted that Gulati in his report has stated that the department was of the view that in case any such direction was passed, drug peddlers would take its benefit to get deported.

The judges, however, clarified that there was no question of withdrawing the case against her. In this regard, the court decided to consider the suggestion of the petitioner counsel for adjournment of the prosecution against Dorothy sine die so that in case she ultimately survives, she may come to India to face the trial.

The court placed on record, a profound appreciation of the manner in which each government department worked in the matter.

Dr R S K Sinha, physician and in-charge of the Safdarjung hospital, who had treated Dorothy said that she was a full blown case of Aids and had taken treatment in the hospital for five-six days.

Dr S P Barua, resident doctor of Tiharhospital, who was present in the court, stated that she was suffering from various ailments as the disease was in a terminal state and there was no chances of recovery or survival.

Her blood samples have tested positive for aids and there has been a constant deterioration in her condition, Dr Barua submitted.

The petition filed by AIDSAG said the Ugandan woman was facing charges under the Narcotics Drugs and Psychotropic Substances (NDPS) Act for allegedly smuggling one and a half kg of heroine valued at Rs 1.5 crore in the international market. The proceedings against her were pending in NDPS court.