NASIR AHMED Vs. CHIEF COMMISSIONER DELHI

JUDGEMENT

(1.) On 19-5-1957 a notice on behalf of the Delhi State was issued under Section 3 (2) (c) of the Foreigners' Act, 1946 read with Foreigners Laws (Amendment) Ordinance, 1957 whereby the Chief Commissioner directed Nasir Ahmad, his wife Mrs. Aziz Fatima and their minor daughter not to remain in India after the expiry of three days from the date on which the notice is served on them and shall not thereafter re-enter India. This notice was issued on the ground that Nasir Ahmad, his wife and their minor daughter were Pakistani nationals. Nasir Ahmad thereupon filed this petition on (31-5-1957, under Article 226 of the Constitution challenging the validity of this order on the ground that the petitioner, his wife and their miner daughter were not Pakistani nationals. The petitioner in this petition has alleged that besides himself, his wife and their minor daughter, the petitioner has four other children residing with him in Delhi. He has also alleged that they were all born in Delhi and that he and his wife are duly registered as electors in the Electoral Rolls. He further alleged that in the year 1950, the petitioner had gone to Pakistan for a short stay and had remained there temporarily for a few months. According to the petitioner he and his wife were born in India and they never migrated to Pakistan,

(2.) The respondent in this case has given some additional facts in the reply filed in this Court. In this reply it is not denied that the petitioner or his wife or his children were born in Delhi. The respondent's case, however, is that the petitioner went to Pakistan for the first time in March, 1950 and visited India on 17-8-1950 on the basis of a temporary permit granted to him by the Indian High Commissioner in Pakistan.

(3.) It is further stated that on 26-11-1951, the petitioner and his family left for Pakistan by air from the Willingdon Air-port and that subsequently he was found in India without any permit. Finally it is alleged that thereupon he was prosecuted under Rule 3 read with Rule 6 of the Indian Passport Rules, 1950, and was sentenced to a fine of Rs. 200/- and was ordered to he deported to Pakistan within fifteen days from the date of that order but on appeal the order of deportation was set aside but his conviction and imposition of fine of Rs. 200/- were maintained.