SHAM ROJ Vs. ADDL SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) In this Rule, the petitioner has impeached an order in Annexure 'B', which is dated 9th June, 1966 and whereby his application under Section 9 (2) of the Citizenship Act, 1955 (hereinafter referred to as the said Act), was rejected and the consequential order in Annexure 'D', which is dated 7th April. 1973, whereby in terms of Clause (a), (b) and (c) of Sub-section (2) of Section 3 of the Foreigners' Act, 1946 (hereinafter referred to as the said 1946 Act), he has been directed to quit India,

(2.) At the outset it should be noted and that too for the particulars which would be available hereafter, that the impugned order of rejection under Section 9 (2) of the said Act is the third order of rejection in succession. The petitioner has stated that on or about 8th Nov., 1973 his birth took place at 387, Mudiali Road, Metiabruj, 24 Parganas and the same was duly recorded at the local Registry office. Such recording, he has stated to have been done at the instance of or by his paternal grandfather, as the petitioner's father had lelt India while the petitioner was a minor of 2 years and he was looked after by his said grandfather and grandmother. It has been stated by the petitioner that after the death of his mother, the father left in the manner as stated hereinbefore for Peshawar in the year 1939 and he never came back to Metiabruj.

(3.) It has also been asserted by the petitioner that at the age of 14, he felt a vacuum for his father and as such he went to Peshawar in December, 1951 for the purpose of finding him out. He has further stated that for 9 months he was at Peshawar, but ultimately he could not succeed in achieving his object. He has also stated that he could not even ascertain whether his father was alive or not. It has also been stated by him that at that time there was no passport system prevalent between India and Pakistan and such system was introduced only on 15th Oct,, 1952. He has alleged tbat in view of the said introduction, he could not come back to India without a valid passport and as Indian passport was not issued to him because he was a minor at the relevant time, on the advice of his well wishers he applied for a Pakistani passport and the Pakistan Passport authorities, having taken a compassionate view, without any enquiry into his domicile, nationality or whether he was a major or minor, granted a Pakistani passport in his favour in 1954.