RAZIA BEGUM Vs. STATE

JUDGEMENT

(1.) THIS is a writ petition filed under Article 226 of the constitution of India read with Section 482 Cr. PC for quashing and setting aside deportation order dated 23. 04. 08, passed by respondent No. 4, i. e. , DCP, foreigners Regional Registration Office, New Delhi.

(2.) BRIEFLY stated facts of the case are that on 28. 12. 2007 acting on a secret information 16 persons including petitioners No. 2 to 5 were apprehended from the area of P. S. Khanpur, New Delhi by the Deportation Cell, south District. On enquiry, it was revealed that they all were illegal migrants from Bangladesh and came to India illegally.

(3.) LEARNED counsel for the petitioner contended that all the petitioners, namely, Razia Begum, Mohd. Nizammuddin, Sheikh Hasina, Mohd. Shahid, Hatim Ali and Marjina Begum are Indian nationals and in support of his contention, he produced picture of lineal descendents of Razia Begum, petitioner no. 1, who has filed the present writ petition. Chart of lineal descendents of razia Begum is given below because all the other petitioners claim to be Indian citizens through her, as natural citizens, as they were born out of the wedlock of Razia Begum and Mohd. Nizammuddin. Mohd. Nizammuddin could not be examined so far by the authorities as he is not traceable and petitioner No. 1 did not disclose any information about him.