(1.) Alike, amidst the clash of arms, and in peaceful times, the Law and the Court shall talk in the same tone and tune. So said Lord Atkin, alone then, in Liversedge's case. That lone dissent had a glorious content. It only took some time, for Atkin's approach to have unquestioned approval of House of Lords. Such is an interesting facet of legal history. Atkin pleaded for personal liberty. Personal liberty should not be exposed to extra hazard even in trying times. That, however, does not mean that in difficult situations, administrators of ordinary affairs and of the courts of law, should not be particularly alive and active in relation to the defence of the realm, and protection of the Nation. A casualness in approach ill suits a civilized Government or a constitutional court. The task is difficult and delicate-of insulating the individual against unjustified incursion on his rights, and, simultaneously, of checkmating any possible infiltration into the watch and vigil of the frontiers of the country. And with what is virtually a sub-continent, the task is tiresome; yet it has to be done. Long coastlines on all sides but one, add to the dimension of the problem. On the north, the high and old Himalaya cannot be the only sentinel. These thoughts surge forward while dealing with the plea of the petitioners for release from the tension and suspense arising out of the threat of deportation, with an accusation against them of alien citizenship.
(2.) The category of case the High Court has given them the appellation "Citizenship Cases" is seen to be swelling, atleast in recent times. The scrutiny of the statistics can probably be restricted to the last one decade. The cases were indeed rare from 1975 to 1979, the number being 6, 3, 1 and 3 respectively. Twenty one cases came to this Court in 1979. In the year 1986, as on 25-8-1986, 79 cases were instituted. In the existing situation, there is perhaps an added dimension to the problem, apart from a possible significance arising out of an extra ordinary increase in the litigation.
(3.) Even a cursory analysis of the facts of the cases would indicate some striking features. Ahmed and Mohammed, Ali and Alavi, Khader and Abulkhader, Assanar and Yusuf all are in the queue. Almost half of them come from Cannanore District. Malappuram claims about a third; and the rest is from Kozhikode. All of them hold Pakistan passports. They have landed in India between various dates of 1955 and 1980; and even as late as 29-6-1986. The annexure gives the time when the petitioners arrived in India on the last occasion and the date when they made an application to the Government of India for determination of their citizenship under S.9 of the Citizenship Act, 1955.