ABDUL RAHIM KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Special Civil Application the petitioner has impugned the order dated 31st December 1970 passed by the Joint Secretary to the Government of India, Ministry of Home Affairs, New Delhi, determining the status of the petitioner under Section 9 (2) of the Citizenship Act, 1955. In order to appreciate the grounds of challenge a few facts may be stated:

(2.) The petitioner was served with a notice dated 5th November 1966 threatening that he will be deported out of the territory of India. Thereupon he filed a suit in the Bombay City Civil Court at Bombay, being Suit No. 98 of 1967. seeking a declaration that he was a citizen of India; he also sought a permanent injunction against the State of Maharash-tra and the Union of India restraining them from taking any action against him in the nature of deportation as threatened. In the said suit the following four issues were framed by the trial Court: "1. Whether the suit is barred by limitation? 2. Whether the plaintiff is a citizen of India under Article 5 and/or under Article 6 of the Constitution?

(3.) If Issue No. 2 is answered in the affirmative, whether the plaintiff's claim to citizenship stands terminated in view of the provisions of Section 9 (2) of the Citizenship Act, read with Rule 30 and Rule 3 of Schedule III to the Citizenship Rules, 1956?