DELHI ADMINISTRATION Vs. MOHAMMAD IQBAL

JUDGEMENT

(1.) This appeal is by certificate under Article 132 (1) and Article 134 (1) (c) of the Constitution against the judgment dated 2 August, 1965 of the Circuit Bench of the Punjab High Court at Delhi. The certificate was given on the principal ground whether the respondent had migrated to Pakistan or was a citizen of India.

(2.) The respondent Mohd. Iqbal was convicted by the Sub-Divisional Magistrate, Delhi on 22 July, 1964 under section 14 of the Foreigners Act and sentenced to undergo six months' rigorous imprisonment. The order was upheld on appeal by the Additional Sessions Judge on 15 April. 1965. The Circuit Bench of the Punjab High Court set aside the conviction and relying on the decision of this Court in Shanno Devi v. Mangal Sain, AIR 1961 SC 58 held that Mohd. Iqbal had not migrated from India.

(3.) The respondent being treated as a foreigner and a Pakistani national was charged with having entered India on the authority of a Pakistani passport on 31 May, 1956 and having subsequently obtained extension of stay in India upto 30 November, 1956 from the Delhi Administration and thereafter not having returned to Pakistan and continued unauthorised stay in India in contravention of R. 7 (2) of the Foreigners Order, 1948 whereby the respondent was required to obtain a residential permit on or before 5 January, 1960 from the Registration Officer, Delhi and in contravention of that the respondent continued staying in Delhi without obtaining the requisite residential permit on or before 5 January. 1960 and was apprehended on 5 October, 1961 without possessing any residential permit from the Registration Officer, Delhi and thereby the respondent contravened the provisions of section 7 (2) of the Foreigners Act.