UNIYAL, J. : This petition for habeas corpus under S. 491 Cr. P.C. has been filed by one Mukhtar Ahmad challenging an order No. 3597 T.Y. A/VIII-D-292 PT/55 Lucknow, dated June 19. 1964 made by the State Government in exercise of the powers conferred by cls. (a), (b) and (c) of Sub-Section (2) of section 3 of the Foreigners Act, 1946 (No. XXXI of 1946) as amended by the Foreigners Laws (Amendment) Act, 1957 (II of 1957), directing the deportation of the petitioner from India on the ground that he was a Pakistani national and, as such, a foreigner. In pursuance of the order aforesaid the petitioner was arrested on 23-6-1964 and was sent to the Pakistan border for deportation under police escort. He could not be sent across the border without a passport as the Pakistani authorities had tightly sealed the border and did not allow anybody to cross the game without travel documents. The petitioner was being kept in detention ever since and it was claimed that his detention in police custody was unlawful, firstly because he was not a 'foreigner', and secondly because the Central Government had not determined the question of his citizenship in accordance with S. 9(2) of the India