Judgment

DUA, J.:- The petitioner, Anwar alias Raldu son of Basawa Batwal, resident of Nathu Pora, District Sialkot, (West Pakistan), forwarded to this Court his application dated March 11, 1970, from Central Jail, Jammu where he was being detained, praying for a writ in the nature of habeas corpus for his production in this Court to enable him to challenge his detention. In the application it was asserted inter alia that the petitioner had been brought from Pakistan to the State of Jammu and Kashmir by his uncle Shri Dosa, son of Jumma, who was working for Indian Intelligence. The petitioner had crossed the cease-fire line and come to India for the purpose of taking to Pakistan the necessities of life. His uncle who was inimical towards him got him arrested after he had crossed the cease-fire line on the basis of the allegation that the petitioner was a smuggler and had opium on his person. The petitioner was thereafter convicted and sentenced. His sentence expired in January, 1970. After his release he was again arrested. His detention after his rearrest was challenged in this application.

2. In the return it was sworn by Shri A. K Hamdani, Under Secretary, Home Department, Jammu and Kashmir State that the petitioner had been detained on January 30, 1970 pursuant to an order dated January 27, l970. The petitioner was duly informed of the grounds of his detention and also of his right to make a representation. He, however, made no representation, His case was referred to the Advisory Board and the opinion of the Board was being awaited. The petitioner, according to the return, had been detained earlier and on the expiry of two years of detention he was re-arrested with the object of making arrangements for his expulsion from the State of Jammu and Kashmir

3. On June 9, 1970 this case was heard by the Vacation Judge (Ray J.) and time was granted to the petitioner upto June 23, 1970 for filing a rejoinder to the return. On June 15, 1970 the State filed an application stating that the order of the petitioner s detention had since been revoked and that the petitioner had been ordered on June 9, 1970 to leave India within ten days. This application came up for hearing on June 16, 1970 when the State took time for producing the orders, of revocation of the detention order and, of the petitioner s deportation. The case was accordingly adjourned to June 18, 1970 when by means of a short order the writ petition was dismissed and the petitioner was permitted to be sent out of India. I now proceed to give reasons for the order.

4. The petitioner is not a citizen of India. He is, therefore, a foreigner as defined in the Foreigners Act. Not being a citizen, he is clearly not entitled to any fundamental right guaranteed by Article 19 of the Constitution. He has thus no right to remain within the territories of India. His entry into this country was also without any right and indeed he himself does not claim to have entered into India in accordance with the provisions of the Foreigners Act and the Orders made thereunder. The only rights which he can claim in the present proceedings are those contained in Articles 20 to 22. The order dated January 27, 1970 reads as under :

"Whereas Anwar @ Raldu s/o Basawa Batwal r/o Nathupora District Sialkot presently in the State is a foreigner within the meaning of the Foreigners Act, 1946, and;

Whereas the Government is satisfied that with a view to making arrangements for his expulsion from the State, it is necessary to do so :

Now, therefore, in exercise of the powers conferred by Section 3 (1) (b) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964, the Government hereby direct that the said Anwar @ Raldu be detained in the Central Jail, Jammu subject to such conditions as to maintenance, discipline and punishment for breaches of discipline as have been specified in the Jammu and Kashmir Detenus (General) Order, 1968"

5. This order was made in exercise of the powers conferred by Secti