ABDUL ALEEM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The validity of an order passed under Section 3 (2) (c) of the Foreigners Act, (XXXI of 1946) as amended in 1957 is impugned before us.

(2.) The petitioner migrated to Pakistan in January, 1952, and was employed as a Boiler attendant in one of the Jute Mills in Karachi (Pakistan) and also obtained a Boilers Certificate from the Chief Inspector of Karachi. He came to India, in August, 1954, on a Pakistani Passport and obtained a temporary visa from the Government of India. It is not necessary for us to trace the circumstances under which he continued to remain in India without even obtaining extensions of the visa obtained by him from the Government of India. Suffice it to say that it was discovered recently that he remained in India without the necessary visa. A reference was then made to the Government of India under Section 9 (2) of the Citizenship Act 1955, and the Government of India, after holding an enquiry and after affording adequate opportunity to the petitioner decided that he was not a citizen of India. Subsequently, the impugned order was made by the Government of Andhra Pradesh on 22-9-1959 expelling the petitioner from India. It is to remove this order on certiorari that the present petition is died.

(3.) The chief contention of Sri Krishna, learned counsel for the petitioner, is that notwithstanding the decision of the Central Government under Section 9 (2) of the Citizenship Act, no re-Port could be had to Section 3 (2)(c) of the Foreigners Act for the reason that at the time the petitioner entered India he was not a foreigner within the contemplation of the Foreigners Act. The learned counsel urges that the definition of foreigners under the Foreigners Act as it stood prior to the amendment did not include a person who was born in the territory of India notwithstanding the fact that he subsequently migrated to Pakistan.