GHULAM HUSAIN Vs. DISTRICT MAGISTRATE FATEHPUR

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by one Ghulam Husain who has applied for a writ of habeas corpus or any other suitable writ or order so that he may be released forthwith as he has been illegally detained.

(2.) THE undisputed facts now are that, in December, 1947, Ghulam Husain migrated to Pakistan. In June, 1950, he got a permit for permanent resettlement in India and returned to India in July 1950. On 8-7-1950, he reached his village Alamganj in the district of Fatehpur. On 9-7-1950, he deposited the permit for permanent resettlement at police station Bindki. He remained in his village for several months when, on 17-1- 1951, notice was issued by the District Magistrate of fatehpur requiring him to leave India within fourteen days. On 22-1-1951, he made an application to the District Magistrate praying that the order of 17-1-1951, be vacated. He made a representation to the State Govt. on 10-8-1951. But tnese were of no avail and, on 29-9-1951, his movable property was taken possession of by the Deputy Custodian and was put in the charge of one Nasimul-lah, the Mukhia of that village. In the meantime, the applicant had gone to Bombay and he says that he went there to seek employment. On 7-12-1951, he was arrested in Bombay under a warrant of arrest issued by the district Magistrate of Fatehpur under the Influx from Pakistan (Control) Act, 1949, and was brought back to Fatehpur. He was released on bail on 15-1-1952, but was arrested again on 15-21952, and sent to the Jullundar Camp. He was released on bail from there also and, on 2-4-1952, he moved this application in this Court, of which notice was issued.

(3.) THE case was heard by a learned Single Judge of this Court who referred it to a Bench as certain important questions of law might have arisen for our consideration if the permit for permanent resettlement in India had been obtained by the applicant by fraud and misrepresentation of facts. The permit was cancelled by the Chief Secretary of the U. P. Government on 21-12-1950, on the ground that the applicant had returned to India under a permit issued to him under the Delhi Agreement of 1950 but he did not fulfil the requisite condition of that agreement which was that he should have migrated to Pakistan during the period from 1st February to 31st May, 1950. The permit was, therefore, cancelled and he was directed to leave India within 15 days from the date of the service of the order, failing which he was to be deported to Pakistan.