JALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners who are brothers have made two separate applications under Article 226 of the Constitution for issue of writ quashing orders made against them under Section 3 (2) (c) of the Foreigners Act, 1946 (which will hereinafter be referred to as 'the Act'). The orders are identical and read as follows:

(2.) It was contended on behalf of the petitioners that they are not foreigners. There is no doubt that if the petitioners are foreigners, then the impugned orders cannot foe challenged. The question, therefore, is whether the petitioners are foreigners.

(3.) Section 2 (a) of the Act defines a "Foreigner" as "a person who is not a citizen of India." Section 9 of the Act, so far as it is material, is in these terms:-