SADIQ ALI Vs. STATE

JUDGEMENT

(1.) The applicant was convicted under S.14 of the Foreigners Act, 1946 (hereinafter referred to as the Act) and was sentenced to two years rigorous imprisonment by the Judicial Magistrate, Khalilabad at Basti by his judgment dated 24-9-1979 passed in Criminal Case No.1154 of 1979. He filed criminal appeal No.167 of 1979 which was dismissed by the IV Additional Sessions Judge, Basti by his judgment dated 10-8-1981. He thereafter filed this revision in this Court.

(2.) The learned single Judge who heard this revision referred the under mentioned two questions for decision to a Bench (1) Whether a person cannot be prosecuted under S.14, Foreigners Act, without obtaining a decision of the Central Government under S.9(2), Indian Citizenship Act? (2) Whether the decision has to be obtained from the Central Government in such a case by the State or by the person who is affected?

(3.) It appears that the applicant was born on 5-6-1932 in village Maghar, Police Station Khalilabad in the District of Basti and migrated to Pakistan in 1948. He came to India on 16-9-1954 on Pakistani Passport No.199376 dated 24-7-1954 and Indian Visa of category C No.48284 dated 25-8-1954 valid till 24-11-1954. He stayed in India beyond the aforesaid period and a case was registered against him under S.14 of the Act on 17-6-1959. He, however, could not be traced for a long time and was ultimately arrested on 8-3-1975 from the house of his father at Maghar.