MUSTAQ HUSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY this writ petition Mushtaq Husain prays for a mandamus commanding the State of Uttar Pradesh to forbear from interfering with his right to settle and reside in any part of India.

(2.) THE petition is accompanied by an affidavit of his father, Iqbal Husain, The allegations, material to the case as argued, are : The petitioner was born in 1940 in India, and in 1,951 he was reading in Dr. Ghosh Modern College. Allahabad. In the Dasehra holidays of that year he went to Delhi and thence he crossed over to Pakistan. When it was discovered in 1954 that he was in Pakistan, his father asked his friends in that country to arrange for his send-back to Allahabad. A passport was then obtained for him and he came back in 1954. The father consulted some persons as to his permanent stay in India, but no decision could be taken before the expiry of the prescribed period of his stay, and he had to leave for Pakistan. He came to India several times thereafter, and in 1956 his visa was extended up to 211-1957. But any further extension was refused by the respondent, and the petitioner was warned that his unauthorised stay in India would "make him liable for action under the Foreigners Act, 1946, as amended by the Foreigners' Laws (Amendment) Act, 1957. " Apprehending that he would be forcibly deported on the expiry of the period of his visa the petitioner has rushed to this Court for protection under Article 226 of the Constitution.

(3.) ON behalf of the respondent a counter-affidavit has been filed by Sri Janki Jiwan Misra, Sub-Inspector, Local Intelligence Unit, Allahabad. The affidavit bears an annexure which is the copy of the petitioner's visa application dated 7-5-1956. It is denied that the petitioner is a minor.