SHAHADAT Vs. SUPERINTENDENT DISTRICT JAIL

JUDGEMENT

(1.) BY this petition under Section 491 of the Code of Criminal Procedure the petitioner challenges the validity of his detention in the district jail at Kanpur in pursuance of an order of the civil authority, Kanpur dated '26-9-1965 purporting to be under para 5/8 of the Foreigners' (Internment) Order, 1962.

(2.) THE facts which are relevant to the questions in controversy shortly stated are these.

(3.) THE petitioner came to India on the basis of a Pakistani Passport and a short term visa in August 1956. The Government of Uttar Pradesh moved the Central Government to determine the national status of the petitioner in accordance with Section 9 (2) of the Citizenship Act, 1955, and the rules made thereunder. A notice was issued to the petitioner to show cause. In response to that notice the petitioner sent a written representation to the Central Government praying that he be declared to be a citizen of India. The Central Government, however, by its order dated the 27th August, 1956, after considering the cause shown by the petitioner determined that the petitioner had voluntarily acquired the citizenship of Pakistan after 26th of January, 1950, and before 24th of July, 1956. In pursuance of an order passed by the Civil authority, the petitioner was arrested on 26th of September, 1965, and since then he is in the district Jail at Kanpur.