MOHAN LAL ARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be Issued commanding the respondents to decide the issue of citizenship of the petitioner at the earliest possible time and further not to deport him to Pakistan till the matter is decided.

(2.) It is averred in the writ petition that the petitioner Mohd. Ayub was born on 7-5-1921 in Meerut city in a family of Sheikh Muslims. He joined the services of Indian railways and in the year 1946 he was transferred from Kalka to Lahore where he was posted at the time of partition of India in the year 1947. His family was living at Meerut and he remained at Lahore on account of his job. It is averred in paragraph 4 that when his mother died in the year 1954, he obtained a passport from the Government of Pakistan and came to India to attend her funeral rites. In paragraph 5 it is averred that the petitioner changed his religion and became a Hindu at Arya Samaj, Delhi, and his name was changed to Mohan Lal Arya. He then made an application to the Ministry of Home Affairs, Government of India, to grant him Indian citizenship. The petitioner claims that he made several representations for granting him Indian citizenship. It is averred in paragraphs 7 and 8 that the Senior Superintendent of Police, Meerut, passed an order on 8-7-1976 restricting his movement within the Meerut city. He was prosecuted under the Foreigners Act and was sentenced to one year R. I. and a fine of Rs. 1,000/- by the judgment and order dated 1-4-1998 passed by the Chief Judicial Magistrate, Meerut. The appeal preferred by him was also dismissed by the Additional Sessions Judge, Meerut, on 23-3-2002, but the sentence was reduced to six months R. I. The petitioner preferred Crl. Revision No. 379 of 2002 in Allahabad High Court in which record was summoned by the order dated 3-4-2002. On these facts, the petitioner prays that the respondents be commanded to decide the issue of his citizenship and he may not be deported to Pakistan.

(3.) Since the complete facts of the criminal case have not been given in the writ petition, we summoned the record of Crl. Revision No. 379 of 2002 filed by the petitioner. The record shows that the petitioner came to India on 7-4-1954 on a Pakistani passport bearing No. 060721 dated 30-3-1954. He was issued VISA by Indian High Commission which was valid for Delhi and Meerut. Subsequently, he was granted permission to remain in India till 6-9-1973. However, he disappeared on 21-9-1973 without trace but continued to remain in India. A notice was published by the Superintendent of Police, CID. (SB), on 8-5-1974, whereby the authorities were directed to trace him out. Ultimately, he was arrested in Meerut on 10-6-1976 and a FIR was lodged against him, on the basis of which a case was registered under S. 14 of the Foreigners Act as Crime Case No. 361 of 1996 at P. S. Railway Road, Meerut. The petitioner was prosecuted in the said case and by the judgment and order dated 1-4-1998, the Chief Judicial Magistrate, Meerut, convicted him under S. 14 of the said Act and sentenced him to one year R. I. and a fine of Rs.1,000/-. The petitioner preferred Crl. Appeal No. 29 of 1998, which was dismissed by Additional Sessions Judge (Court No.l), Meerut on 22-3-2002, but the sentence was reduced to six months R. I. The petitioner then preferred Criminal No. 379 of 2002 in this Court, in which an order was passed on 3-4-2002 to summon the record of the trial Court.