ANAND SWAROOP VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two Habeas Corpus petitions have been filed with almost identical reliefs. Therefore, we deem it appropriate to dispose of both these petitions by this common judgment.

(2.) Criminal writ 746/02 has been moved on behalf of four persons, namely, Partha Chhetri, Moti Prasad, Maheshwar Dahal and Aditi. According to the petitioner they are being held by the Special Cell, Lodhi Colony, presumably, under the powers conferred by the Foreigners Act. It is incorporated in the petition filed on 12.7.2002 that the morning newspapers published that they have been served with 'Quit India' notices. It is also mentioned in the petition that to the best of the petitioner's knowledge Partha Chhetri is an Indian citizen hailing from Siliguri and there are no legal or other proceedings against him in Nepal.

(3.) In the petition it is prayed that a writ, order or direction in the nature of certiorari be issued for quashing the 'Quit India" notices. It is also prayed that the writ of Quo warranto seeking the authority by which the respondents have/are about to deport Partha Chhetri without ascertaining his nationality by due process be issued. This petition, was filed on 12.7.2002 and on the same day this court issued show cause notice returnable on 15.7.2002 and directed that until the next date of hearing four persons named in the petition shall not be deported. From the petition it is not clear whether these four persons have been deported or are likely to be deported.