MUBARAK HOSSAIN Vs. KING

JUDGEMENT

(1.) THIS Rule was issued at the instance of two persons who have been convicted by a Presidency Magistrate of Calcutta under Section 4, Influx from Western Pakistan (Control) Ordinance, 1948, and Rule 12, Permit System Rules, 1948, framed thereunder, each being sentenced to pay a fine of Rs. 200, in default to suffer rigorous imprisonment for three months.

(2.) AS far as the facts are concerned, on 18th October 1948, the petitioners went from Calcutta to Delhi and then on 23rd October 1948, they went to Lahore from Delhi under Temporary Business Permits Nos. 210 and 211 granted by the High Commissioner for Pakistan, in India at New Delhi. They wanted to return and on 2nd November 1948 they were granted two Temporary Permits being Nos. M. B. 28650 and 28651 by the Deputy High Commissioner for India in Pakistan at Lahore in which the object of the visit was stated to be "returning back to Calcutta pending verification," and these permits were made valid for two months. It is not disputed that the petitioners did not return to Western Pakistan after two months.

(3.) VARIOUS questions have been raised by Mr. Sen appearing on behalf of the petitioners relating to the powers of the Governor General to pass the Ordinance and also the different Ordinance subsequently passed and the retrospective operation of the different clauses, but in view of our decision in the present case, we do not intend to express any opinion whatever either on this point or on the actual question of facts. It appears that the petitioners are convicted for violation of the Rules framed under the Ordinance then in force or even as subsequently modified so far as it relates to the case of the petitioners. The Rules then in force were the Rules published in the Gazette of India (Extra -ordinary), first on 14th September 1948 and then amended on 4th October 1948. Of the Rules published in the Gazette on 14th September 1948, Rule 3 speaks of three kinds of permits of which No. 1 is permit for temporary visits and under Rule 12 it was laid down that no person holding a temporary permit shall stay in India after the date of expiry of such permit. Then on 4th October 1948 (published in the Gazette of India on 7th October 1948) Rules 12A and 16A were added. Rule 12A enables a permit -holder to apply to the Superintendent of Police of the district to extend the period of the permit by such number of days not exceeding 20 days as may be necessary on account of circumstances over which the permit -holder has no control. This obviously refers to such temporary permit holders who are in India from Western Pakistan for a temporary purpose and not permanently to India after a temporary sojourn in Pakistan. In such a case, it would appear he may, if circumstances are such that he had no control over them, get an extension only for a period of 20 days from the Superintendent of Police.