This writ petition under Article 226 of the Constitution of India is filed by a foreigner. It is to quash an order of deportation passed by the Central Government. The impugned order ordered him and all the other members of his family to leave the country forth with, bag and baggage. The petitioner’s contention is that this order is without jurisdiction and also mala fide in certain respects.

2. The Central Government have taker to heart this challenge to their order. They are fighting this writ petition as if it were a test case. Their stand is that orders of deportation are matters touching the sovereignty of the State. They are political acts. They may raise issues of international law; but the Courts of the land, even the superior Courts, are not competent to enter into the why and the wherefore of the orders of deportation.

3. These are the major contentions urged on behalf of the Central Government. They represent a familiar stance of the administration of any Government for that matter. Their point of view is quite understandable in cases where a pacifist or other conscientious objector challenges before Courts such acts of the State as the declaration of hostiliti