MOHD ASHRAF KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) WITH the advent of the human history, habitations have been created and its frontiers delineated which are guarded zealously and jealously by its inhab - itants. With the evolution in different branches of activity which touch the human life, concept of making civilized societies was developed and groomed, in order to regulate human relations in different societies more particularly in civil societies laws were made to maintain and preserve the moral fabric of the societies. Borders are being guarded with all might against external aggression and laws have been enacted to prevent illegal incursion into ones territory and/or to push back a person who though permitted to enter the territory of a country, for any reason, whatsoever, his continuation becomes illegal. Every country has inherent right to preserve its political, socio -economic and territo - rial integrity. This is an inalienable right vested in a state and cannot be compromised with at any cost. In our country, in order to achieve the above solemn purposes, affairs thereof are being conducted in accordance with pro - visions of constitution and laws made which include the Citizenship Act 1955, for short Act of 1955, the Foreigners Act 1946, for short Act of 1946 and Passport Act 1967, for short Act of 1967 and other allied laws.

(2.) IT is not only the jurisdiction and power of an independent sovereign country like ours to safeguard its borders from illegal incursions and intrusions, but is also its solemn duty, in order to maintain and preserve the territorial in dependence of our country to ensure that no foreigner is permitted to gain foot hold on our land except in accordance with procedure established by law, as otherwise, said act would be fraught with serious consequences. No foreigner has any guaranteed right to stay in this country without permission of the competent authority. And every foreigner is duty bound to leave the country as and when ordered to do the same. A foreignerâ„¢s entry and continuation in this country is not an absolute right and he can be asked to leave the country at any point of time. A foreigner who enters this country carries with him all the limitations which include to regulate not only his entry but his movement in this country. He cannot be permitted to move in this country in his own right and according to his own wish. He cannot be permitted to stay in the country without proper permission granted by the competent authority. The Supreme Court in case titled Louis De Raedt v. Union of India reported in AIR 1991 SC

(3.) THE Supreme Court in case titled Anwar v. State of J&K and Ors reported in AIR 1971 SC 337 at para 4 of the judgment has held that a foreigner being not a citizen is not entitled to any right guaranteed by Article 19 of the Consti - tution, and the only rights foreigner could claim are those contained in Article 20 -22.