BABAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) S. K. Jain, J. Through this petition the petitioners have sought writ of mandamus directing the respondents, namely, Union of India, State of Uttar Pradesh and the Superintendent of Police, Ballia not to arrest them or deport them on the vague charges of their being citizens of another country.

(2.) THE petitioners were born in village Baheri of district Ballia and have been living there since their birth. Petitioner Nos. 2 to 6 belong to one family headed by Nizamuddin, petitioner No. 2. Petitioner No. 3 is the daughter of Majid Mian, resident of village Tapani, P. O. Janaupur, district Ballia. She was married to petitioner No. 2 Nizamuddin. Petitioner Nos. 1 to 3 were voters in the Gram Sabha Baheri in the voter list of 1979 and they had also cast their votes in Assembly elections on several occasions. Petitioner No. 1 had a house in the village and he paid house-tax for the years 1971-1972 to 1977-78. Prior to the partition of the country in the year 1947 petitioner No. 1 was employed in Indian Railways and was serving in East Pakistan, presently known as Bangla Desh. In 1947 he could not cross over to India as he was in illegal confinement of the nationals of Pakistan, although his entire family was in India. He managed to come to India in 1950 and since then he was residing in village Baheri. Petitioner No. 2 never left the country. He was married to petitioner No. 3 and out of their wedlock petitioners Nos. 4 to 6 were born. He was running a watch repairing shop since 1970. THE Police Inspector of Kotwali Ballia came to the house of petitioner on the night of 30-4-1983 and informed them that Smt. Alima Bibi had made a report against them and, therefore, they were to be arrested and deported to Bangladesh.

(3.) PETITIONER No. 2 Nizamuddin was born out of the wedlock of peti tioner No. 1 and his wife Smt. Sharifan in 1942 in India. During 1947 he accompanied his parents to Pakistan. He came to India with his parents on 4-6-1961, married Smt. Rahiman Bibi, petitioner No. 3 and returned to Pakistan along with his parents and wife. PETITIONERs Nos. 4 and 5 (minors) were born at Narainganj, Dhaka (Bangladesh) during 1973 and 1970 res pectively. Km. Nasim, petitioner No. 6 (minor) was born in India in the year 1975/80. PETITIONERs Nos. 1 to 5 came to India in 1970 and started living in village Baheri illegally as mentioned earlier.