SALIM KHAN ALIAS HASSAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ applications being inter - linked are taken up for disposal to be governed by this judgment. In O.IC No. 1 7236 of 1 998 petitioners Salim Khan alias Hassan has called in question legality of direction given by the State Government by its order dated 6.1.1998 as issued by the Home Department requiring him to quit the country. Similarly order of the Superintendent of Police and D.P.O. Dated 17.3.1998 requiring him to leave the country as extension of stay as granted in his favour was going to expire on 29.3.1998 is under challenge. In the later order, failure was indicated to make the petitioner liable Under Section 14 of the Foreigners Act, 1946 (in short, the 'Act') for violation of Section 3(2)(e) thereof. Former order was issued in exercise of powers conferred by clause (c) of Sub -section (2) of Section 3 of the Act read with notification No. 4/3/56(1 )F.I. dated 19.4.1958 of the Government of India in the Ministry of Home Affairs. For contravention of the order, action as provided in the Act was to be taken. In OJC No. 3462 of 1999 prayer has been made by Naimeum Nisa alias Husna claiming to be wife of Salim Khan, petitioner in OJC No. 17236 of 1998 to treat Salim as a citizen of India keeping in view the provisions of Article 5 of the Constitution of India, 1950 (in short, the 'Constitution') and Section 5(1)(b) and Section 5(1)(c) of the Citizenship Act, 1955. and for a direction to the Central Government to adjudicate whether Salim had voluntarily accepted citizenship of any foreign country as required Under Section 9(2) of the said Act.

(2.) THE opposite parties have taken the stand that the writ applications are misconceived; the factual position goes to show that without any legal sanctity Salim has continued to stay in the country beyond the period authorised, and therefore, the directions given are in order.

(3.) LEARNED counsel for opposite parties submitted that the petitioner having accepted that in the pass -port issued by the Pakistan Government he has been described as a Pakistan citizen and on that basis visa having been issued, the present stand that he is citizen of India is without any basis.