TAUKIR HUSAIN Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) THE petitioner has come up with following prayers : - " (i) Issue a writ, order or direction in the nature of mandamus commanding the respon dents, their agents and employees to desist from deporting the petitioner outside India to any other country. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respon dents, their agents and employees to immedi ately set the petitioner at liberty. (iii) Issue a writ, order or direction in the nature of mandamus commanding the respon dents, their agents and employees not to prosecute the petitioner under Section 14 of the Foreigners Act and punish him under the said section. (iv) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper. "

(2.) HE asserts as under :- This is his first writ petition; he was born of Indian parents on 1-1-1965 at 74- Nai Bas, Shamli Road, District Muzaffar Nagar; initially he was admitted in Jain School, Muzaffar Nagar by his father but subsequently shifted to Basic Purvi Pathshala, Nagar Kshetra, Muzaffar Nagar, situated nearby his residential house in which he remained from 16-7-1973 to 30-6-1976 and passed IVth class as would appear from the School Leaving Certificate (Annexure-1); thereafter he was admitted in Class VIth of D. AV Inter College, Muzaffar Nagar from where he passed Vlth class in Ilnd division in 1976-77, as would appear from the mark-sheet issued by the said College (Annexure-2); in 1978-79, while he was in class VIIIth, he participated in the sport organised by the said institution and was awarded a certificate of merit, as would appear from the certificate dated 10-3-1979 issued by the Convenor and the Principal of the Institution respectively (copy appended as Annexures 3 and 4); on account of domestic and financial problems his father withdrew him from D. A. V. Inter College, Muzaffar Nagar, after he passed VIIIth class and asked him to assist in his business of electrical goods in shop situated at Ansari Road, Muzaffar Nagar; on attaining the age of maturity his name was also entered in the Electoral Roll of Vidhan Sabha 1993 (Annexure-5); with regard to ancestral property owned by his father, lot of litigations are going on amongst the members of the family; it appears that with a view to harass his father someone of his enemies, in collusion with the members of Local Intelligence Unit, got a false report lodged at the Police Station Kotwali, Muzaffar Nagar on the basis of which Case Crime No. 538 of 1994 under Section 14 of Foreigners Act was registered (copy appended as Annexure-6) and he was arrested by the members of the Local Intel ligence Unit on 21-7-1994 and thereafter taken to the Police Station Kotwali, Muzaf far Nagar, where he was kept in lock up for the whole night; the Station Officer, Kotwali took up his passport (copy Annexure-6) is sued by the Central Government from its Bareilly Office and there after challaned and sent to jail; his passport was not returned after obtaining of which he had applied to Pakistan High Commission, New Delhi for Visa in the prescribed form but his prayer was rejected; his prayer for grant of bail was rejected and thereafter he moved this Court in Civil Misc. Writ Petition No. 25936 of 1994 in which this Court was pleased to pass an order while issuing notice that until further orders his depor tation shall remain stayed; the said writ petition is still pending.

(3.) SRI Sabhajit Yadav, learned Stand ing Counsel appearing on behalf of Respondent Nos. 2 and 3, with reference to the statements made in their counter-affidavit which has been sworn by the Super intendent of Police, Muzaffar Nagar, con tended that in view of the fact that the statements made in the counter- affidavit are also supported by the relevant docu ments, it is crystal clear that the petitioner is a Pakistani National and not an Indian citizen who on his Pakistani Passport and Visa issued by Indian High Commission at Pakistan has been visiting our country il legally and consequently this writ petition is fit to be dismissed.