1961 (4) TMI 104

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....958, under s. 3(2)(c) of the Foreigners Act, 1946. That order was made by the Chief Commissioner of Delhi and was in these terms: "The Chief Commissioner of Delhi is pleased to direct that Mr. Ghaus Mohd a Pakistan national shall not remain in India after the expiry of three days from the date on which this notice is served on him. The order was served on the respondent on February 3, 1958. The respondent did not comply with that order but instead moved the High Court on February 6, 1958, for a writ to quash it. The High Court observed that "There must be prima facie material on the basis of which the authority can proceed to pass an order under s. 3(2)(c) of the Foreigners Act, 1946. No doubt if there exists such a material a....

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....ral Government by order to provide for the presence or continued presence of foreigners in India. Sub-section (2) of s. 3 gives express power to the Government to pass orders directing that a foreigner shall not remain in India. It was under this provision that the order asking the respondent to leave India was made. There is no dispute that if the respondent was a foreigner, then the order cannot be challenged. The question is whether the respondent was a foreigner. Section 8(l) of the Foreigners Act to which we were referred, deals with the case of a foreigner who is recognised as its national by more than one foreign country or when it is uncertain what his nationality is. In such a case this section gives certain power to the Governmen....