TAHIRA KHATOON Vs. DISTRICT MAGISTRATE SHAHJAHANPUR

JUDGEMENT

(1.) Fasiuddin, the petitioner in writ petition No. 1436 of 1957 is the husband of Smt. Tahira Khatoon, the petitioner in writ No. 1435 of 1957. Both the petitioners claim that they are citizens of India. Before 1950 they used to live in the city of Shahjehanpur. In 1950 serious communal riots took place in Shahjahanpur district in which the Muslim population of the District mainly suffered and the petitioners alleged that they left Shahjehanpur for Pakistan only in order to escape the communal frenzy and with no intention to settle down in Pakistan and always intending to come back to Shahjehanpur. After the communal riots came to an end and conditions became normal the petitioners wanted to return back to India. Other means having failed the petitioners at last decided to obtain a temporary permit to come back to Shahjehanpur, hoping that once they were back they would stay on. Consequently they obtained a temporary permit and returned back to India in September, 1953. The period of the temporary visas was to expire in August: 1954. The district authorities at that time threatened to deport the petitioner to Pakistan. The petitioners, therefore, filed a writ petition in this Court That petition was admitted. It came up for hearing before Hon'ble Gurtu J., who on 11-2-1955 passed the following order:

(2.) On these facts the petitioners have prayed that the notices dated the 28th May, 1957, be quashed and a writ of mandamus be issued commanding the respondents to refrain from taking any action against the petitioners in pursuance of the notices dated 28th May, 1957.

(3.) Counter and rejoinder affidavits to the same effect have been filed in both the cases. The main allegations made in the counter affidavits are, firstly, that the petitioners are Pakistani nationals, having migrated there in 1948 and, secondly, that the Government of India had issued orders under Section 9(2) of the Citizenship Act declaring on 11-4-57 that the petitioners have voluntarily acquired citizenship of Pakistan. The said order runs as follows :