OSMAN ALI Vs. DY. SECRETARY HOME

JUDGEMENT

(1.) THIS appeal is from an order of Banerjee J. dismissing in limine an application under Art. 226 of the Constitution for the issue of a composite writ of mandamus and certlo -rari.

(2.) THE facts which require to be stated for the limited purpose of this appeal are these:

(3.) PRESUMABLY , in consequence of enquiries which followed, the appellant was served with a notice dated the 8th of September 1961 issued by the Deputy Secretary to the Government of West Bengal, 'Home (Passport) Department. The notice stated that in exercise of the power conferred by Clause (c) of sub -Section (2) of Section 3 of the Foreigners' Act, 1946, read with the Government of India Notification No. 4/3/56 -(l) -F.I. dated the 19th April, I958, the Governor was pleased to order that the appellant, a foreigner of Pakistan nationality, should not remain in India after the expiry of seven days from the date of service of the order upon him. The appellant did not comply with the order but applied instead to the Superintendent of Police District Enforcement Branch Burdwan asking for permission to stay on in this country till the 5th of December, 1961. In this petition, the appellant stated that while he felt bound to quit India by the date mentioned in the notice, he prayed to be shown some accommodation on the ground that he had to collect his debts and pay his own for which at least one month would be necessary. The actual words used by the appellant may be noticed: 'For all the reasons, it will be convenient on my part to quit India provided at least one month is extended for quitting India. I am bound to leave India and I must go to East Pakistan.