NIAZ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) BY this petition under Section 491 of the Code of Criminal Procedure read with Article 226 of the Constitution of India the petitioner challenges the validity of his detention in the district jail at Azamgarh.

(2.) THE petitioner alleged that he was born in 1936 in village Kamrai in Pakhtoonistaa (now situate in Pakistan), his father and family settled down in Calcutta in 1946, his father died in 1948 on 1st January 1966 the petitioner was enrolled as a member of the All India Pakhtoon Jirga-e-Hind, he came from Calcutta to Kanpur in 1971 and thereafter shifted to Azamgarh where he set up business as a cloth dealer and staved with one Sher Khan. He had some Quarrel with Sher Khan and consequently, it is alleged, the latter got him implicated with the result that the petitioner was arrested on 16th August 1972 under Section 5/8 of the Foreigners (Internment) Order, 1962 (hereinafter referred to as the Order ). Tlence. the petitioner filed this petition in the High Court on 28th August, 1972.

(3.) THE allegations made by the petitioner were not accepted by the respondents and in the counter affidavit it was stated that the petitioner was born in 1936 in Pakhtooni-stan, that he for the first time, surreptitiously inflitrated into India in 1965. he stayed in Calcutta (West Bengal) till Januarv 1967, thereafter he came to Kanpur where he staved upto. May 1971 with Abdul Ghani Khan and then came to Azamgarh. It was alleged that the petitioner was a foreign national and consequently he was rightly arrested and detained under the provisions of the Foreigners (Internment) Order, 1962.