ANWAR versus THE STATE OF J. & K.

ANWAR versus THE STATE OF J. & K.

The petitioner, being a foreigner without any right to remain in India and having been detained and deported in accordance with statutory provisions and procedure established by law, is not entitled to habeas corpus. The State Government's order of deportation is valid under the empowered notification, and the...

Source-derived case information.

Parties
Petitioner: Anwar alias Raldu; Respondent: State of Jammu & Kashmir
Jurisdiction
India
Judgment Date
07 July 1970
Procedural Posture
Writ Petition Under Article 32 Habeas Corpus / Disposition (final Judgment)
Outcome
Petition dismissed
Legal Topics
Habeas Corpus, Deportation of Foreigners, Fundamental Rights of Non Citizens, Preventive Detention
Constitutional Law Immigration Law Habeas Corpus Deportation of Foreigners Fundamental Rights of Non Citizens Preventive Detention

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anwar alias Raldu

Petitioner

State of Jammu & Kashmir

Respondent

Procedural Posture

Writ Petition Under Article 32 Habeas Corpus / Disposition (final Judgment)

Legal Issues

  1. 1 Whether a foreigner detained for expulsion under the Foreigners Act and Preventive Detention Act is entitled to relief under Article 32 via habeas corpus
  2. 2 Whether an order of deportation can be passed by the State Government under the Foreigners Act or only by the Central Government
  3. 3 Whether detention for the purpose of expulsion constitutes illegal custody

Ratio Decidendi

The petitioner, being a foreigner without any right to remain in India and having been detained and deported in accordance with statutory provisions and procedure established by law, is not entitled to habeas corpus. The State Government's order of deportation is valid under the empowered notification, and the custody of the petitioner for expulsion is not illegal.

Court Disposition

Petition dismissed

Orders

  • Petition for habeas corpus dismissed; petitioner to be deported according to the order of the State Government.