SAMAD KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Since these five writ petitions, which have been heard together, and in which the different petitioners, who all claim themselves to be residents of C.K. 66/3, Benia Bagh, Varanasi. have come up with common prayers, namely, (i) to issue a writ in the nature of mandamus restraining the respondents from interfering with their freedom and right to live in India and not to deport or extradite him from India and (ii) commanding the respondents not to harass or curtail their liberty by insisting them to attend the police station, we dispose of these writ petitions by this common order. THE FACTS :

(2.) Samad Khan, petitioner of Civil Misc. Writ Petition No. 11136 of 1999, asserts, inter alia, that he was born on 25.12.1974. out of wedlock of Zalil Khan and Sabita Khan, at 76/8, Linton Street, Calcutta, West Bengal. India appending a photo copy of his birth certificate issued by the Calcutta Municipal Corporation as Annexure-1 ; he has been living in India continuously from the date of his birth and has never left India ; he does not own any property or any other interest in any other country ; his father, who was a Pakhtooni national, had migrated to North Western province, which is included in Pakistan but he was a citizen of India under Articles 5 and 6 of the Constitution of India, the Police, however, at the instigation of some inimical persons is harassing him and threatening to deport and extradite him from India ; the police is extracting illegal consideration and is insisting for a citizenship certificate even though it is not necessary for him to have such a certificate, since he is a natural citizen of India having born here ; since he is an Indian Citizen, he has a fundamental right under Article 19 of the Constitution of India to reside and stay in any part of India and to move about under his constitutional right guaranteed under Article 21 of the Constitution of India.

(3.) Akram Khan, petitioner of Civil Misc. Writ Petition No. 11139 of 1999. asserts, inter alia, that Amir Khan, a Pakhtoon national was living in India at Lumding P. S. Lumdlng. Nowgaon. Assam ; he was born out of wedlock of Amir Khan and an Indian Muslim Assammee lady of Lumding P. S. Lumding, Nowgaon, Assam (India) ; he has been living in India continuously from the date of his birth and he never left India ; he does not own any property or any other interest in any other country ; his father Amir Khan, who was a Pakhtoon National, had migrated from North-Western Province in Pakistan but he was a citizen of India under Articles 5 and 6 of the Constitution ; since he was born in India, therefore, he is an Indian national by birth ; the police at the instigation of some of his inimical persons is harassing him and threatening to deport and extradite him from India : the Police is extracting illegal consideration and is insisting for a citizenship certificate though it is not necessary for him to have such a certificate since he is a natural citizen of the country. In support of his claim he has appended a X-rox copy of an Identity Card No. 5 granted by Superintendent of Police, Nawgaon, Assam certifying that Akram Khan S/o Late Amir Khan was born at Lumding Bazar Road under Lumding P. S. District Nagaon (Assam) whose father was a Pakhtoon national who had permanently resided at Lumding ; he is allowed to stay at Lumding until further orders but he must not move anywhere without prior permission from his office.