Judgment

SARKAR, J. : This is an appeal by the Union of India from a judgment of the High Court of Punjab allowing the respondent s application under Art. 226 of the Constitution for a writ quashing an order made against him on January 29, 1958, 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.

2. 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 and then the order is made which is on the face of it a valid order, then this Court cannot go into the question whether or not a particular person is a foreigner or, in other words, not a citizen of this country