SHABBIR HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under Section 491, Cr. P.C. and Article 226 of the Constitution praying for a writ in the nature of habeas corpus to be issued against the State of Uttar Pradesh and the Superintendent, District Jail, Bijnor, ordering them to produce the applicant before the Court and release him from wrongful custody in which he is detained and for a writ in the nature of Mandamus against the State of Uttar Pradesh directing it to set aside its order for the removal of the applicant from India.

(2.) The affidavit filed along with the application states that the applicant is a resident of village Kalyanpur, police station Nagina, district Bijnor in the state of Utsar Pradesh from his birth, that he went to Lahore in 1948 in connection with his business, that permit rules happened to be introduced during bis stay there and that when he wanted a permit for permanent return to India the authorities just issued a temporary permit which was valid upto 1-1-1949. The affidavit proceeds to state that the applicant, however, overstayed and was convicted of the offence under Section 5, Influx from Pakistan (Control) Ordinance No. XXXIV of 1948.

(3.) The applicant represented his case to the U. P. Government for permanent resettlement in India. He was given to understand that his case had been rejected by the State of Uttar Pradesb and that the State had passed an order that he be removed from India and sent back to Pakistan under Section 7, Influx from Pakistan Control Act, XXIII of 1949. In furtherance of this order he has been confined in the District Jail, Bijnor since 21-7-1930.