ABDUL MAJID Vs. SENIOR SUPERINTENDENT

JUDGEMENT

(1.) BY this petition under Section 49x of the Criminal P. C. the petitioner challenges the validity of his detention in the district jail at Agra in pursuance to an order passed by the civil authority, Agra, under the provisions of para. 5/8 of the Foreigners' (Internment) Order, 1962, as applicable to Pakistani nationals in India.

(2.) THE undisputed facts which are relevant to the questions in controversy are these. The petitioner who was born at Agra migrated to Pakistan in the year 1955. Some time in the year 1961 he entered India on the basis of a Pakistani Passport No. 593116 dated the 29th April 1959, and a short term visa No. 10488 dated February 1961 and has been over-staying since then at Agra in spite of the expiry of the period mentioned in the visa. The Government of Uttar Pradesh moved the Central Government to determine the national status of the petitioner and the Government of India by its order No. 13/473/63 I. C. , dated the 17th March 1964, determined that the petitioner has voluntarily acquired the citizenship of Pakistan after the 26th January 1930, and before 29th April 1959. In pursuance to an order of the civil authority, Agra, purporting to be under para. 5/8 of the Foreigner's (Internment) Order, 1962, the petitioner was arrested on 29. 9. 1965 and since then is being detained in the premises of the district jail at Agra.

(3.) LEARNED Counsel for the petitioner has urged that the order of the Central Government determining the nationality of the petitioner is invalid firstly because no opportunity was furnished to the petitioner to represent his case personally and secondly it is not in accordance with Section 9 (a) of the Citizenship Act inasmuch as the determination has not been made by an authorised person. It is contended that as the aforesaid order is invalid the petitioner continues to remain a citizen of India which he was on the date of the enforcement of the Constitution and the impugned order of the civil authority detaining him on the ground that he was a national of Pakistan is wholly illegal. We do not find any force in these contentions.