UNION OF INDIA Vs. GHAUS MOHAMMAD

JUDGEMENT

(1.) This is an appeal by the Union of India from a judgment of the High Court of Punjab allowing the respondent's application under Art. 226 of the Constitution for a writ quashing an order made against him on January 29, 1958, under S. 3(2)(c) of the Foreigners Act, 1946. That order was made by the Chief Commissioner of Delhi and was in these terms:

(2.) The High Court observed that "There must be prima facie material on the basis of which the authority can proceed to pass an order under S. 3(2)(c) of the Foreigners Act,1946. No doubt if there exists such a material and then the order is made which is on the face of it a valid order, then this Court cannot go into the question whether or not a particular person is a foreigner or, in other words, not a citizen of this country because according to S. 9 of the Citizenship Act, 1955, this question is to be decided by a prescribed authority and under the Citizenship Rules, 1956, that authority is the Central Government." The High Court then examined the materials before it and held, "in the present case there was no material at all on the basis of which the proper authority could proceed to issue an order under S. 3(2)(c) of the Foreigners Act, 1946." In this view of the matter the High Court quashed the order.

(3.) It was contended on behalf of the Union of India that S. 9 of the Citizenship Act, 1955, had no application to this case. We think that this contention is correct. That section deals with the termination of citizenship of a citizen of India in certain circumstances. It is not the Union's case nor that of the respondent that the latter's citizenship came to an end for any of the reasons mentioned in that section. The reference to that section by the High Court for the decision of the case, was therefore not apposite. That section had no application to the facts of the case.