LAWS(APH)-1977-12-20

P MOHAMMAD KHAN Vs. STATE OF ANDHRA PRADESH

Decided On December 19, 1977
P.MOHAMMAD KHAN Appellant
V/S
STATE OF ANDHRA PRADESH, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME (PASSPORTS-A) DEPARTMENT, HYDERABAD Respondents

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India, by a person claiming to be a citizen of India and asserting that he is not a foreigner, seeking the issuance of a writ of certiorari for the purpose of quashing an order dated 30th June, 1976 passed under section 3 (2) (c) of the Foreigners Act, 1946 directing him not to remain in India after the service of the order treating him as a foreigner. That order reads thus:

(2.) The Foreigners Act, 1946 (referred to hereinafter merely as 'the Act') is enacted with a view to providing for the exercise by the Central Government of certain powers in respect of the entry of foreigners into India, their presence therein and their departure therefrom.

(3.) The Act contains 16 sections. By section 2 (a) the expression "foreigner" is defined to mean "a person who is not a citizen of India". Section 3 confers powers on the Central Government to make certain orders and reads in so far as it is material thus: