SHAIK FARID Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE point involved in this case is regarding the legality of an order dated April 13, 1966 passed by the Government of Orissa, Home Department, for arrest and detention in Puri Jail of the petitioner Shaik Farid, a Pakistani National, purported to be under Sections 3 and 4 (1) of the Foreigners Act, 1946 (31 of 1946) read with the notification of delegation by the Govern, meat of India, Ministry of Home Affairs, No. 1/45/63 1.INtt. dated the 31st December, 1964. The material facts and the circumstances in which the legality of the Orissa State Govern, meat Older is challenged before this court are as hereinafter stated.

(2.) THE petitioner is a permanent resident of Village Kodalia, P. 3. Mulahat, District Khulna in East Pakistan and is a Pakistani national. He is stated to have migrated to India in the year 1955 and since then has been living in Orissa at Village Soran, P. S. Tangi, District Puri.

(3.) ULTIMATELY on April 13, 1966 the Government of Orissa in purported exercise of powers conferred by Section 3 (a) (g) read with Section 4 (1) of the Foreigners Act, 1946 issued a notification directing arrest and detention of the petitioner in Puri Jail. It is the legality of this order dated April 13,1966 passed by the Government of Orissa which is being challenged before this court. The said order is quoted as follows: