P INNAIAH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Two citizens of India viz., P. Innaiah and Lt. Col. C.T. Subaiya the petitioners are calling in question the Foreigners (Report to Police) Order, 1971 (in short the 'order') issued under Section 3 of the Foreigners Act XXXI of 1946 as amended from time to time (in short the 'Act') on the ground that the Order is ultra vires the powers under Section 3 of the Act and that it also infringes their Fundamental Rights.

(2.) With a view to appreciate these contentions it is necessary to state few facts. The petitioners claim to be the Chairman and Executive Director of the Rayalaseema Development Trust, Anantapur said to have been registered under the Societies Registration Act. They state that their Trust undertakes Projects relating to Community Health, Vocational Training, Drought Relief, Ecology Children's Education, Economic Development etc., in Rayalaseema area in Andhra Pradesh They receive contributions from Foreign Agencies regulated under the provisions of Foreigners Contribution Regulation Act, 1976. They also receive considerable amounts from the Central Government for implementation of the above projects. In that connection Hans Peter Finger a representative of HEKS ; P. Leuenberger a Zurich ; Pierre Bernad Le Bas of French National ; Marike Drumen of Holland ; Dr. Javier Martniz, a Spanish National ; Jose Plaza, a Spanish Architect ; Kerole Perty, an Australian and Normal Berth Rober Bushe Neel Bruden of U.S.A. etc, visited India and stayed in the premises of Trust on various dates. The petitioners have not reported of the visit of those Foreigners to the nearest Police Station. As a result it was alleged they have committed an offence punishable under Section 14 of the Act read with the Order and accordingly the Police filed the criminal case C.C. No. 45 of 1987 on the file of the Judicial Magistrate of First Class, Anantapur. The petitioners impugn in these proceedings the power of the Central Government to make the order.

(3.) The contention of Sri P. Innayya Reddy, learned counsel for the petitioners is that the Act applies only to Foreigners ; Section 3 (1) of the Act is a general provision and Section 3 (2) of the Act enumerates the specified circumstances under which a Foreigner is enjoined to report etc. ; but there is no express provision engrafted in Section 3 of the Act empowering the Central Government to make the order ; therefore the order is without jurisdiction and ultra vires the powers of the Central Governmant.