IQBAL AHMED Vs. STATE OF BHOPAL

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for issue of (a) a writ in the nature of habeas corpus to the State directing it to produce the person of the petitioner's brother Izhar Ahmed Khan alleged to have been illegally arrested and detained and to release him from custody; (b) a writ of certiorari declaring the order of arrest and detention to be improper, illegal, inoperative and void and (c) to issue such orders or directions as may be required for the enforcement of Izhar Ahmed Khan's fundamental rights under the Constitution.

(2.) THE petitioner alleges that Izhar Ahmed, who is his brother, is a citizen of India, on various grounds stated in paras. (4) to (14) of the petition viz. , that he was born at Bhopal and finished his education here; that his father was born at Merrut in Uttar Pradesh and died in Bhopal; that his mother was also born at the same place and was a teacher in the Girls' School at Bhopal and resides here; that Izhar Ahmed's wife and entire family lived at Bhopal and he is a tenant of one Mahmuda Begum and also had a shop taken on lease from the Custodian of Evacuee Property; that his name is entered in the Municipal Electoral Roll as also in the Electoral Rolls of the Legislative-Council, Bhopal and the Bhopal Legislative Assembly and is a voter from the Shishmahal Constituency etc.

(3.) IZHAR Ahmed was arrested by the Sub-Inspector of Police at 9 p. m. on 20-8-1952 at a hotel, under a warrant and taken to the Kotwali Station House, Bhopal where he was informed that he was arrested under an order from the Bhopal Government under 8. 7, Influx from Pakistan (Control) Act. He was then taken away from Bhopal the next morning. It is said that Izhar Ahmed never went to Pakistan nor was he prosecuted under the above Act and his arrest and detention were illegal, mala fide and contrary to law and contravened his fundamental rights; that the order under Section 7 of the Act 'ibid' was bad in law and void under the Constitution; that Section 7 of the Act militates against the fundamental rights of Izhar Ahmed under Article 19 (1) (d) and (e) of the Constitution and is void. It is also added that no grounds were given to Izhar Ahmed for his arrest and thus the requirements of Article 22 of the Constitution were contravened and that he was not also produced before a Magistrate infringing the provisions of Article 21 of the Constitution.