MAQBULUNISSA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This application which has been presented to this Court under Article 226 of the Constitution, has been referred to the Full Bench by two learned Judges of this Court by their reference order dated 15th September 1952.

(2.) The applicants, who number four persons, namely, Shrimati Maqbul-un-nisa, Razia Begum, Iqbal Ahmad and Sarkar Ali have applied to this Court for a writ in the nature of 'mandamus' or alternatively for directions or orders directing the opposite parties to forbear from giving effect to the order asking the petitioners to leave India or getting their order executed by their subordinate officers. The question is whether the relief of the nature claimed by the applicants should be granted in this case.

(3.) A few facts may be given shortly. Akhtar All left India for Pakistan in 1947. He wanted his wife, Razia Begum, who is applicant No. 2 before us, to accompany him to that country. After some hesitation, she decided to go with her husband to Pakistan. Maqtaul-un-nisa is the mother of Razia Begum. She was also eventually prevailed upon to accompany Akhtar Ali. The adopted son of Maqbal-un-nisa, Iqbal Ahmad as also the son Sarkar Ali, who is about 6 years old, and who is under the guardianship of Razia Begum, also accompanied Akhtar Ali. On reaching Pakistan, Akhtar Ali decided to leave for England and left the petitioners un-provided for. The petitioners wanted to return as early as possible, but in the meantime the permit system was introduced. Having failed to obtain a permit for permanent re-settlement, the petitioners came back to India in September 1949 on a three months' temporary permit.