Judgment Case ID: 313

Judgment:
22 of 1955. Under Article 32 of the Constitution for a Writ in the nature of habeas corpus. Sadhan Chandra Gupta (The Petitioner also present) for the petitioner. M. C. Setalvad	 Attorney General of India (B. Sen	 and I. N. Shroff	 for P. K. Bose	 with him) for the respondents. February 23. The Judgment of the Court was delivered by BOSE J. The petitioner	 Hans Muller	 who is not a citizen of India	 and who is said to be a West German subject	 was arrested by the Calcutta Police on the 18th September	 1954 and was placed under preventive detention. The order was made by the West Bengal Government under section 3(1) of the of 1950 (Act IV of 1950) on the ground that his detention was "with a view to making arrangements for his explusion from India". The grounds were served on the 22nd of September	 1954. The second ground runs "That you are a foreigner within the meaning of the (Act XXXI of 1946) and that it has become necessary to make arrangements for your expulsion from India and for this purpose you are required to be detained under section 3 (1) (b) of the until the issue of an appropriate order of expulsion from the Central Government". On the day after his arrest	 namely on the 19th September	 1954 he wrote to the Consul General of West Germany at Calcutta saying that be had been arrested and asking for an early interview. This was granted. On the 21st of September 1954	 the petitioner wrote to the West Bengal Government asking it "to be kind enough to pass an order for our immediate repatriation from India" 1287 and "to do the necessary arrangement for our transmission out of India". On the 9th of October 1954 the Calcutta Police handed the petitioner 's passport over to the West German Consul at the Consul 's request. This passport was issued to the petitioner by the West German Government at Nurenburg in West Germany on the 27th of November 1953. When the passport was handed over to the West German Consul it had on it a number of visas	 including an Indian	 all of which had on them the condition "while the passport is valid". When the West German Consul got the passport he made the following entry on it: "Valid only for the return voyage to the Federal Republic of Germany until the 8th January 1955". The petitioner complains that this invalidated all the other visas and as	 according to this fresh entry	 the passport ceased to be valid after the 8th of January 1955	 he now has no passport. On the same day	 the 9th of October 1954	 the West German Government wrote to the West Bengal Government saying that a warrant of arrest was issued against the petitioner in West Germany in connection with a number of frauds and that legal proceedings in connection with those warrants are still pending. The Consul also said that he had received information that similar charges had been made against the petitioner in Lebanon and in Egypt and be concluded "The Government of the Federal Republic of Germany will apply for Muller 's extradition through diplomatic channels whilst at the same time submitting the supporting documents. As this will require a certain amount of time	 I am directed to give you advance information of this step and hereby request the Government of West Bengal to issue a provisional warrant of arrest which ensures Muller 's detention up to the date of his extradition to Germany. This Consulate has already arranged for Muller 's repatriation by the German boat 'KANDELFELS ' due to arrive in Calcutta on the 19th instant. All 165 1288 expenses in connection with Muller 's repatriation will be borne by the Government of the Federal Republic of Germany". On receipt of this letter the Secretary to the Government of West Bengal recorded the following note: "I suppose there would be no objection to our keeping Muller in detention till the 19th instant. We must issue order of his release as soon as his boat is ready to sail". The West Bengal Government had no power to deport the petitioner. Only the Central Government could do that	 and up till the 20th of October the Central Government had not passed any orders. On that date the petitioner applied to the High Court of Calcutta for a writ in the nature of habeas corpus under section 491 of the Criminal Procedure Code. Because of that	 and because this matter has been pending in the courts ever since	 no orders have yet been issued for his expulsion from India though we are told by the learned Attorney General that they have been made and signed but are being held in abeyance pending the decision of this petition. The petitioner contended that his detention was invalid for the following	 among other	 reasons: (1) Because section 3(1)(b) of the 	 the section under which the order was. made	 is ultra vires the Constitution on three grounds (a) that it contravenes articles 21 and 22; (b) that it contravenes article 14	 and (c) that it was beyond the legislative competence of Parliament to enact such a law; (2) Because section 3(1) (b) is not a law of preventive detention within the meaning of article 22(3) and therefore it contravenes article 22 (1) and (2); and (3) Because	 in any event	 the order was made in bad faith. The High Court decided against the petitioner on all points and dismissed the petition on 10 12 1954. He thereupon made the present petition to this Court on the same grounds	 presumably under article 32 of the Constitution. It was filed oil 10 1 1955. 1289 We will first consider the vires of section 3(1) (b). It is in these terms: "The Central Government or the State Government may . . . (b) if satisfied with respect to any person who is a foreigner within the meaning of the (XXXI of 1946)	 that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India	 it is necessary so to do	 make an order directing that such person be detained". The detention order is by a State Government and not by the Centre. The portion of the section on which the order is based is the part that gives a State Government power to make an order of detention against a foreigner	 on satisfaction	 "with a view to making arrangements for his expulsion from India". The competence of the Central Legislature to enact a law dealing with this aspect of preventive detention is derived from Entry 9 of the Union List read with Entry 10	 The portion of Entry 9 which concerns us is as follows: "Preventive detention for reasons connected with Foreign Affairs The scope of the expression "Foreign Affairs" is indicated in Entry 10: "Foreign Affairs; all matters which bring the Union into relation with any foreign country". It is well settled that the language of these Entries must be given the widest scope of which their meaning is fairly capable because they set up a machinery of Government and are not mere Acts of a legislature subordinate to the Constitution. Giving Entry 9 its widest range we find it impossible to hold that legislation that deals with the right of a State to keep foreigners under preventive detention without trial does not bring the Union into relation with a foreign country. Every country claims the right to the allegiance of its subjects wherever they may be and in return guarantees to them the right of diplomatic 1290 protection when abroad. It is therefore the privilege	 and the anxiety	 of every civilised nation to keep vigilant watch over its subjects abroad and to ensure for them	 as far as that is possible through diplomatic channels	 fair play and justice administered along lines of what is called	 broadly for want of a better term	 natural justice. A foreign State has a very direct interest in what is done to its subjects in a foreign land. Therefore	 legislation that confers jurisdiction upon Governments in this country to deprive foreigners of their liberty cannot but be a matter that will bring the Union into relation with foreign States	 particularly when there is no public hearing and no trial in the ordinary courts of the land. But in this particular case	 the relation is even more direct	 for the provision here is for detention with a view to making arrangements for a foreigner 's expulsion from India. A foreign State has a very deep interest in knowing where and how its subjects can be forcibly expelled against their will. The legislative competence of Parliament to deal with this question is	 we think	 clear; and this covers not only section 3(1) (b) of the but also the (Act XXXI of 1946) in so far as it deals with the powers of expulsion and the right of the Central Government to restrict the movements of foreigners in India and prescribe the place of their residence and the ambit of their movements in the land. The learned Attorney General sought to base the legislative competence upon other Entries as well and claimed that Parliament is not confined to Entry 9 in List I and Entry 3 in List III (the only Entries that touch directly on preventive detention). He claimed	 for example	 that laws for the preventive detention of foreigners can also be based upon Entry 17 in List I which relates to aliens and Entry 19 which relates to expulsion from India; and also upon the portions of Entries 9 in List I and 3 in List III that deal with the "security of India" and the "security of the State" and the "maintenance of public order"	 provided always that they comply with articles 21 and 22 of the Constitution	 We express no opinion 1291 about this as we can uphold the portion of the Statute that is impugned here on the narrower ground we have set out above. The next question is whether the limitations imposed on this power by articles 21 and 22 have been observed. Article 21 guarantees the protection of personal liberty to citizen and foreigner alike. No person can be deprived of his personal liberty "except according to procedure established by law"	 and article 22 prescribes the minimum that the procedure established by law must provide. There can be no arrest or detention without the person being produced before the nearest magistrate within twenty four hours	 excluding the time necessary for the journey	 etc.	 nor can he be detained beyond that period without the authority of a magistrate. The only exceptions are (1) enemy aliens and (2) "any person who is arrested or detained under any law providing for preventive detention". There are further limitations	 but they were not invoked except that the learned Attorney General explained that the unrestricted power given by section 4(1) of the (a pre constitution measure) to confine and detain foreigners became invalid on the passing of the Constitution because of articles 21 and 22. Therefore	 to bring this part of the law into line with the Constitution	 section 3 (1) (b) of the was enacted. It was more convenient to insert new provisions about the confinement and detention of foreigners in the rather than amend the because the was a comprehensive Act dealing with preventive detention and was framed with the limitations of articles 21 and 22 in view. It was urged on behalf of the petitioner that section 3(1)(b) of the is ' not reasonably related to the purpose of the Act	 namely	 "preventive detention". It was argued that preventive detention can only be for the purpose of prevent 1292 ing something and when you seek to make arrangements for a man 's expulsion from the country you are not preventing anything	 or trying to	 but are facilitating the performance of a positive act by the State	 namely the act of expulsion. We do not agree and will first examine the position where an order of expulsion is made before any steps to enforce it are taken. The right to expel is conferred by section 3(2)(c) of the on the Central Government and the right to enforce an order of expulsion and also to prevent any breach of it	 and the right to use such force as may be reasonably necessary "for the effective exercise of such power" is conferred by section 11(1)	 also on the Central Government. There is	 therefore	 implicit in the right of expulsion a number of ancillary rights	 among them	 the right to prevent any breach of the order and the right to use force and to take effective measures to carry out those purposes. Now the most effective method of preventing a breach of the order and ensuring that it is duly obeyed is by arresting and detaining the person ordered to be expelled until proper arrangements for the expulsion can be made. Therefore	 the right to make arrangements for an expulsion includes the right to make arrangements for preventing any evasion or breach of the order	 and the confers the power to use the means of preventive detention as one of the methods of achieving this end. How far it is necessary to take this step in a given case is a matter that must be left to the discretion of the Government concerned	 but	 in any event	 when criminal charges for offences said to have been committed in this country and abroad are levelled against a person	 an apprehension that he is likely to disappear and evade an order of expulsion cannot be called either unfounded or unreasonable. Detention in such circumstances is rightly termed preventive and falls within the ambit of the and is reasonably related to the purpose of the Act. The next question is whether any steps can be 1293 taken under the law in anticipation of an order that is about to be made	 or which may be made	 by the competent authority on the recommendation of another authority seized with certain powers of Government and yet not competent to make an order of this kind. The confers the right of expulsion on the Central Government. Therefore	 a State Government has no right either to make an order of expulsion or to expel. It was argued that if a State Government cannot expel or make an order of expulsion	 then it cannot be permitted to detain "with a view to making arrangements for the expulsion". It was contended that the only authority that can make such arrangements	 or direct that they should be made	 is the Central Government. It was also argued that until an order of expulsion is made by the proper authority	 no one can start making arrangements for its due execution; the arrangements contemplated by section 3(1)(b) must follow and not precede the order	 especially as they involve curtail ment of a man 's personal liberty	 for the order may never be made and it would be wrong to permit an authority not authorised to decide the question to detain a man of its own motion till somebody else has time and leisure to consider the matter. That would be inconsistent with the fundamental right to liberty guaranteed by the Constitution to citizen and foreigner alike. Again	 we do not agree. The expressly confers the right to detain ' with a view to making	 arrangements" for the expulsion upon both the State and the Central Government and the "satisfaction" required by section 3(1)(b) can be of either Government. The right to satisfy itself that the drastic method of preventive detention is necessary to enable suitable arrangements for expulsion to be made is therefore expressly conferred on the State Government and as a State Government cannot expel	 the conferral of the right can only mean that the State Government is given the power to decide and to satisfy itself whether expulsion is desirable or neces 1294 sary	 and if it thinks it is	 then to detain until proper arrangements for the expulsion are made	 one of them	 and an essential one	 being reference to the Central Government for final orders. It is evident that the authorities must be vested with wide discretion in the present field where international complications might easily follow in a given case. Unless a State Government has authority to act in anticipation of orders from the Centre	 it might be too late to act at all. We now turn to the argument that section 3 (1) (b) is ultra vires because it offends article 14 of the Constitution. Actually	 the attack here is on section 3 (2) (c) of the but as section (3) (1) (b) of the is consequential on that it is also involved. Section 3(1)(b) permits detention of a "foreigner" with in the meaning of the . The definition of "foreigner" is given in section 2(a) of that Act and is as follows: " `foreigner ' means a person who (i)is not a natural born British subject as defined in sub sections (1) and (2) of section (1) of the British Nationality and Status of Aliens Act	 1914	 or (ii) has not been granted a certificate of naturalization as a British subject under any law for the time being in force in India". The rest of the definition is not material. The argument is that this differentiates between foreigner and foreigner. It takes two classes of British subjects who are now as much foreigners as anyone else not an Indian citizen	 out of the class of foreigners for the purposes of preventive detention and for the purposes of expulsion under the . This	 it was contended	 offends article 14 which provides that "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India". This argument is easily answered by the classification rule which has been repeatedly applied in this Court. The classification of foreigners into those who are British subjects of the kind set out in the definition	 and others	 so as to make the former not 1295 foreigners for the purposes of the and the 	 is a reasonable and rational classification and so does not	 on the authority of our previous decisions	 offend article 14. There is no individual discrimination and it is easily understandable that reasons of State may make it desirable to classify foreigners into different groups. We repel this argument. It was then said that at any rate there is differentiation in the same group because the definition discriminates between classes of British subjects inter se. It was pointed out that the British Nationality and Status of Aliens Act	 1914 was repealed in 1948 and re enacted in another form but as our Act has retained the 1914 definition that is the one we must consider. We do not intend to examine this contention because	 even if it be true that there is the discrimination alleged	 namely between one class of British subject and another	 that will not give the petitioner a right of challenge on this ground. He is not a British subject and so is not a member of the only class that could claim to be aggrieved on this score. This Court has decided in earlier cases that the only persons who can impugn any given piece of legislation under article 32 are those who are aggrieved thereby. As the petitioner is not a person aggrieved	 so far as this point is concerned	 he not being a British subject	 he cannot attack the section on this ground. We hold that the impugned portions of section 3(1)(b) of the and section 3(2)(c) of the are intra vires. We now turn to a wider question that brings us to the fringe of International law. It arises in this way. The good faith of the Government of the State of West Bengal in making the order of detention was challenged on the following	 among other	 grounds. It was argued that the real object of Government in continuing the detention was to keep the petitioner in custody so that it would be in a position to hand him over to the West German authorities as soon as a suitable German boat arrived. It will be remembered 166 1296 that the West German Government wants the petitioner for offences which he is alleged to have committed in West Germany and that the West German Consul at Calcutta wrote to the West Bengal Government on 9 10 1954 asking that Government to issue a provisional warrant of arrest against the petitioner and to keep him in custody until the West German Government could initiate extradition proceedings against him	 and added that the West German Consulate at Calcutta had already arranged for his repatriation on a German boat that was to arrive on the 19th of October 1954. On receipt of this letter	 the Secretary of the West Bengal Government recorded a note saying that he supposed there would be no objection to the West Bengal Government keeping the petitioner in detention till the 19th. It was said that the connection between the letter	 the expected arrival of the boat on the 19th and the Secretary 's proposal to keep the petitioner till that date	 was obvious. The attack on the good faith of the West Bengal Government at this point was two fold. First	 it was said that whatever the original intention of the West Bengal Government may have been	 when the West German Consul 's letter was received	 the object of the detention was no longer for the purpose of making arrangements for the petitioner 's expulsion but for keeping him in custody till the West German Government was in a position to commence extradition proceedings; that	 it was said	 was an abuse of the and was not justified by any of its provisions. The second ground of attack was that	 if that was not the object	 then	 very clearly	 the idea was to hand the petitioner over to the German authorities on a German boat without the formality of extradition proceedings and without giving the petitioner a chance to defend himself and show that be could not be extradited. That	 it was said	 made the matter worse than ever. It was denied that the petitioner had committed any offence in West Germany or any where else. He claimed to be a communist and said that the real object of the West German Government 1297 was to subject him to political persecution the moment they could lay bands on him. The contention was that once an order of extradition is asked for	 a foreigner cannot be handed over to the Government seeking his extradition except under the Extradition Act. The learned Attorney General contended very Cc strongly that this question was academic and should not be considered because no order of expulsion had yet been served on the petitioner and no one knows the terms of the order. We do not think it is in view of what the learned Attorney General told us	 namely that an order of expulsion has actually been made and signed but is kept in abeyance pending our deci sion. We see no force in the first part of the petitioner 's argument. We are at bottom considering the question of the West Bengal Government 's good faith. The order of detention was made before the West German Consul wrote his letter	 so there was no connection between that letter and the order. After that there is no material to indicate that the West Bengal Government changed its mind and continued the deten tion for another purpose. The note referred to is the note of a Secretary to Government and embodies his suggestion about what should be done. It cannot be used either as an order of Government itself or as an indication of its mind. The second point raises a question of wider import touching the status and rights of foreigners in India	 and the question we have to determine is whether there is any law in India vesting the executive government with power to expel a foreigner from this land as opposed to extraditing him. Article 19 of the Constitution confers certain fundamental rights of freedom on the citizens of India	 among them	 the right "to move freely throughout the territory of India" and "to reside and settle in any part of India"	 subject only to laws that impose reasonable restrictions on the exercise of those rights in the interests of the general public or for the protection of the interests of any Scheduled Tribe. No cor 1298 responding rights are given to foreigners. All that is guaranteed to them is protection to life and liberty in accordance with the laws of the land. This is conferred by article 21 which is in the following terms: "No person shall be deprived of his life or personal liberty except according to procedure established by law". Entries 9	 10) 17	 18 and 19 in the Union List confer wide powers on the Centre to make laws about among other things	 admission into and expulsion from India	 about extradition and aliens and about preventive detention connected with foreign affairs. Therefore	 the right to make laws about the extradition of aliens and about their expulsion from the land is expressly conferred; also	 it is to be observed that extradition and expulsion are contained in separate	 entries indicating that though they may overlap in certain aspects	 they are different and distinct subjects. And that brings us to the which deals	 among other things	 with expulsion	 and the Extradition Act which regulates extradition. The confers the power to expel foreigners from India. It vests the Central Government with absolute and unfettered discretion and	 as there is no provision fettering this discretion in the Constitution	 an unrestricted right to expel remains. The law of extradition is quite different. Because of treaty obligations it confers a right on certain countries (not all) to ask that persons who are alleged to have committed certain specified offences in their territories	 or who have already been convicted of those offences by their courts	 be handed over to them in custody for prosecution or punishment. But despite that the Government of India is not bound to comply with the request and has an absolute and unfettered discretion to refuse. There are important differences between the two Acts. In the first place	 the Extradition Act applies to everybody	 citizen and foreigner alike	 and to every class of foreigner	 that is to say	 even to foreigners who are not nationals of the country asking for 1299 extradition. But	 as has been seen	 because of article 19 no citizen can be expelled (as opposed to extradition) in the absence of a specific law to that effect; and there is none; also	 the kind of law touching expulsion (as opposed to extradition) that could be made in the case of a citizen would have to be restricted in scope. That is not the case where a foreigner is concerned because article 19 does not apply. But a citizen who has committed certain kinds of offences abroad can be extradited if the formalities prescribed by the Extradition Act are observed. A foreigner has no such right and he can be expelled without any formality beyond the making of an order by the Central Government. But if he is extradited instead of being expelled	 then the formalities of the Extradition Act must be complied with. The importance of the distinction will be realised from what follows; and that applies to citizen and foreigner alike. The Extradition Act is really a special branch of the law of Criminal Procedure. It deals with criminals and those accused of certain crimes. The is not directly concerned with criminals or crime though the fact that a foreigner has committed offences	 or is suspected of that	 may be a good ground for regarding him as undesirable. Therefore	 under the Extradition Act warrants or a summons must be issued; there must be a magisterial enquiry and when there is an arrest it is penal in character; and and this is the most important distinction of all when the person to be extradited leaves India he does not leave the country a free man. The police in India hand him over to the police of the requisitioning State and he remains in custody throughout. In the case of expulsion	 no idea of punishment is involved	 at any rate	 in theory	 and if a man is prepared to leave voluntarily he can ordinarily go as and when he pleases. But the right is not his. Under the Indian law	 the matter is left to the unfettered discretion of the Union Government and that Government can prescribe the route and the port or place of departure and can place him on a particular ship or plane. (See sections 3(2) (b) and 6 of the Foreigners 1300 Act). Whether the Captain of a foreign ship or plane can be compelled to take a passenger he does not want or to follow a particular route is a matter that does not arise and we express no opinion on it. But assuming that he is willing to do so	 the right of the Government to make the order vis a vis the man expelled is absolute. This may not be the law in all countries. Oppenheim	 for example	 says that in England	 until December 1919	 the British Government bad "no power to expel even the most dangerous alien without the recommendation of a court	 or without an Act of Parliament making provision for 'such expulsion	 except during war or on an occasion of imminent national danger or great emergency". (Oppenheim 's International Law	 Vol. 1	 7th edition	 page 631). But that is immaterial	 for the law in each country is different and we are concerned with the law as it obtains in our land. Here the matter of expulsion has to be viewed from three points of view: (1) does the Constitution permit the making of such a law? (2) does it place any limits on such laws? and (3) is there in fact any law on this topic in India and if so	 what does it enact? We have already examined the law making power in this behalf and its scope	 and as to the third question the law on this matter in India is embodied in the which gives an unfettered right to the Union Government to expel. But there is this distinction. If the order is one of expulsion	 as opposed to extradition	 then the person expelled leaves India a free man. It is true he may be apprehended the moment he leaves	 by some other power and consequently	 in some cases this would be small consolation to him	 but in most cases the distinction is substantial	 for the right of a foreign power to arrest except in its own territory and on its own boats is not unlimited. But however that may be	 so far as India is concerned	 there must be an order of release if he is in preventive custody and though he may be conducted to the frontier under detention he must be permitted to leave a free man 1301 and cannot be handed over under arrest. In a case of extradition	 he does not leave a free man. He remains under arrest throughout and is merely handed over by one set of police to the next. But in that event	 the formalities of the Extradition Act must be complied with. There must be a magisterial enquiry with a regular hearing and the person C sought to be extradited must be afforded the right to submit a written statement to the Central Government and to ask	 if he so chooses	 for political asy lum; also be has the right to defend himself and the right to consult	 and to be defended by	 a legal practitioner of his choice. (Article 22(1) Of course	 he can also make a representation against an order of expulsion and ask for political asylum apart from any Act but those are not matters of right as under the Extradition Act. Our conclusion is that the is not governed by the provisions of the Extradition Act. The two are distinct and neither impinges on the other. Even if there is a requisition and a good case for extradition	 Government is not bound to accede to the request. It is given an unfettered right to refuse. Section 3(1) of the Extradition Act says "the Central Government may	 if it thinks fit". Therefore	 if it chooses not to comply with the request	 the person against whom the request is made cannot insist that it should. The right is not his; and the fact that a request has been made does not fetter the discretion of Government to choose the less cumbrous procedure of the when a foreigner is concerned	 provided always	 that in that event the person concerned leaves India a free man. If no choice had been left to the Government	 the position would have been different but as Government is given the right to choose	 no question of want of good faith can arise merely because it exercises the right of choice which the law confers. This line of attack oil the good faith of Government falls to the ground. The remaining grounds about want of good faith 1302 that were raised in the petition were not seriously pressed and as they are of no substance we need not discuss them. The petition fails and is dismissed. Petition dismissed.

Summary:
The petitioner	 a West German subject	 was placed under pre ventive detention by an order of the West Bengal Government under section 3(1)(b) of the on the ground that he was a foreigner within the meaning of the and that it had become necessary to make arrangements for his expulsion from India and therefore he was required to be detained until the issue of an appropriate order from the Central Government. The questions for determination in the case were: (i) whether section 3(1)(b) of the was ultravires the Constitution inasmuch as it contravenes articles 14	 21 and 22 of the Constitution and whether it was beyond the legislative competence of Parliament to enact such a law; (ii)whether	 in any event	 the detention was invalid as it was made in bad faith. Held that the impugned portion of the and section 3(2)(c) of the on which it is based are not ultra vires the Constitution inasmuch as; (i)in view of Entry 9 and Entry 10 of the Union list of the Seventh Schedule to the Constitution	 the language of which must be given the widest meaning	 the legislative competence of Parliament to deal with the question of preventive detention of foreigners 1285 is clear and this covers not only section 3(1)(b) of the but also the 	 in so far as it deals with the powers of expulsion and the right of the Central Government to restrict the movements of foreigners in India and prescribe the place of their residence and the ambit of their movements in the land; (ii)the was a comprehensive Act dealing with preventive detention and was framed with the Limitations of articles 21 and 22 in view. Section 3(1)(b) of the was enacted to bring the unrestrained power given by section 4(1) of the into line with the provisions of the Constitution; (iii)section 3 (1) (b) of the is reasonably related to the purpose of the Act	 namely preventive detention	 inasmuch as the right to expel a foreigner conferred by section 3(2) of the on the Central Government and the right to make arrangements for expulsion include the right to make arrangements for preventing any breach or evasion of the order; and the confers the power to use the means of preventive detention as one of the methods of achieving this end; (iv)the State Government is competent to make an order of detention under the law in anticipation of an order of expulsion that is about to be made	 or which may be made by the Central Government on the recommendation of the State Government which	 though seized with certain powers of Government is not competent to make an order of expulsion itself. Unless a State Government has authority to act in anticipation of orders from the Centre it might be too late to act at all; (v)the impugned section does not offend article 14 of the Con stitution inasmuch as differentiation between foreigner and foreigner as envisaged in section 2(a) and section 3(2)(c) of the and section 3(1)(b) of the is based on a reasonable and rational classification. There is no individual discrimination	 and reasons of State may make it desirable to classify foreigners into different groups On the question of good faith	 held	 that the circumstance of the case did not show bad faith on the part of the West Bengal Government. The is not governed by the provisions of the Extradition Act 1870. The two are distinct and neither impinges on the other. Even if there is a requisition and a good case for extradition	 Government is not bound to accede to the request. It is given an unfettered right to refuse	 vide section 3(1) of the Extradition Act	 and has got an absolute discretion to choose the less cumbrous procedure of the when a foreigner is concerned. As the Government is given the right to choose	 no question of want of good faith can arise merely because it exercises the right of choice which the law confers.