On the basis of above said letter respondent No.1 informed the Home Secretary Punjab vide its letter dated 7-7-2010 and sought further indulgence in the matter who vide their internment order dated 9-7-2010 directed respondent No.1 to detain him for a period of 3 months for his repatriation to Afghanistan. Section 3 of the Foreigners Act, 1946 empowers the Central Government/Provincial Government to issue detention orders in case any person is involved in certain activities which are against the interest of country. In the present case petitioner is being detained on the basis of hypothesis or a suspicion lurking in the mind of the authorities that petitioner is an Afghan National. Section 3 of the Foreigners Act, 1946 only empowers an authority to invoke the same provided there is sufficient material on the record so as to demonstrate that stay of the said person would be injurious to the national interest of the country, hence he is detained to be repatriated to his country. As the authority have failed to place on record sufficient material so as to involve petitioner in any anti-state activities, thus provisions of section 3 of the Foreigner Act, 1946 could not have been invoked to issue orders of internment. I would hold that issuance of internment order is without any basis and without lawful authority hence the same is declared illegal as such.