GHULAM NABI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By means of this petition Ghulam Nabi has prayed for a writ in the nature of habeas corpus directing the respondents Union of India, Senior Superintendent of Police, Varanasi acting as Civil Authority, State of Uttar Pradesh and the Jailor, District Jail, Chaukaghat, Varanasi to produce the petitioner before this Court and set him at liberty.

(2.) The petition is accompanied by an affidavit of Ghulam Mohammad claiming to be the real younger brother and pairokar of the petitioner.

(3.) The allegations material to the case are that the petitioner's permanent domicile was in India. He was born in Varanasi in 1923. His parents were citizens of India and he was also a born Indian citizen at the time of the commencement of the Constitution and continued to be so until he migrated. His wife and six children between ages of 2 and 22 years were all residents and nationals of India. Some time in the year 1954 the petitioner went to Pakistan without passport for a short visit and returned to India in 1956 on the basis of a Pakistani passport and visa issued by the Indian High Commissioner, Karachi. There was no other way, it was alleged, for the petitioner for coming back to India. Since his re-entry into this country on 15-7-1956 he had been residing here and resumed his ancestral work of a weaver in Varanasi. Later, however, the petitioner was arrested under tire orders of the Senior Superintendent of Police, Varanasi under paragraph 5/8 of the Foreigners (Internment) Order, 1962 and was lodged in the District Jail, Varanasi. It was alleged that the petitioner was not a foreigner but a born Indian national having Indian citizenship which he never renounced and so his detention was illegal.