foreigner. In the Foreigners Act, 'foreigner' is defined as any person, who is not a citizen of India. Sri. Damodaran would contend that it is indispensable for the authority in exercise of power under Section 3 that the proposed detenu should not be permanently residing outside India. According to him, any other view would make the proceedings meaningless, as an order of preventive detention is not punitive and the order of detention is meant to be executed immediately as it is intended to prevent the doing of an act or series of acts contemplated in the provision in the future. If there is no prospect of the order of detention being implemented, in view of the fact that the proposed detenu is beyond the territory of India, it will be a mere futile exercise and not in keeping with the object of the Act, he contends. There is no extra territorial jurisdiction vested with the Government, he contends. It may be another thing that if, after the passing the order of detention, the proposed detenu, who was within India absconds and proceeds to go abroad. It may be another thing, he would submit that, if the detenu is residing in India and he has gone abroad only for a short period. We are however inclined to agree with the Additional Solicitor General that having regard to the wording of the Act and the object of the Act, it would not be illegal to order detention of a person, who, at the time of the passing of the order, is residing outside India permanently.
