Manju Saud vs Union Of India on 16 June, 2025
2025:KER:42092
Relying on the dictum held in these decisions, it is
the submission of the learned Amicus that movement
restriction under Section 3(2)(e)(ii) of the Foreigners
Act is different from arrest/detention contemplated under
Section 3(2)(g) of the said Act; that an Order under
Section 3(2)(e) is not a punishment and that the powers
under the Foreigners Act is independent and separate.
Learned Amicus Curiae invited the attention of this Court
to the differentiation of the terms employed in
Sections 4(1) and 4(2), the former being "internee" and
the latter, "person in parol". The third proposition
canvassed by the learned Amicus is that the detention
centres/transit homes are established to restrict
movement of the foreigners in terms of Section 3(2)(e) of
the Foreigners Act. Learned Amicus had produced various
documents, which led to the setting up of a transit home
in Kerala, inclusive of the decision of this Court in
Madukoluchibuzor Samson and Another v. State of Kerala
and Others [Crl.M.C.No.5300 of 2020]. Thus, according to