NOOR MOHAMMAD Vs. THE STATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India for the issue of an appropriate direction, prohibiting the Madhya Bharat State from ordering the Petitioners to leave India.

(2.) THE case of the Petitioners is that they were born in the territory of India and had their domicile in India at the commencement of the Constitution; that the Petitioner Noor Muhammad visited Pakistan in August, 1954 on an Indian Passport No. C 047048 dated 20 -7 -1954 and returned therefrom to Indore sometime in October, 1954; that after his return he and his wife, the Petitioner Mehmuna Bai and their minor child on misguided advice of some of their friends left Indore on 27 -5 -1955 and entered into the Dominion of Paldstan by crossing the Indian Frontier at Badmel in Rajasthan; that having gone to Pakistan they wanted to return to India and finding it impossible to do so without obtaining a Pakistan Passport, they applied to the Pakistan authorities for a passport to visit India, obtained it and came to India on a Pakistan Passport No. 365498 dated 24 -10 -1955 with a category "C" Indian Visa No. 66741 -42 for their stay in India upto 27 -1 -1956; that subsequently on their application the period of Visa was extended so us to permit them to Stay in this country until 26 -2 -1956; und that on expiry of that period, the police authorities of Indore acting under the instructions of the opponent State were insisting on their immediate departure from this country.

(3.) THIS petition was heard by us on 30 -4 -1956. At the close of the arguments, we dictated a short order dismissing the petition and postponing the statement of reasons for our conclusion to a later date. We proceed to do so now.