ABDUR RAHMAN Vs. STATE

JUDGEMENT

(1.) The petitioner was convicted by a Magistrate under Section 14 of the Foreigners Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200 or in default, to undergo further rigorous imprisonment for six months. On appeal, the Sessions Judge upheld the conviction, but reduced the substantive period of imprisonment to three months' simple and affirmed the sentence of fine.

(2.) The facts established in this case are these. The petitioner went over to Pakistan from his native place in Midnapur district of West Bengal on the 12th December, 1947, and he worked in several Government offices in Pakistan as a motor vehicle driver. He obtained a Pakistan passport on the 24th March, 1957, at Khulna in East Pakistan. Sometime in 1960 he surrendered this passport in the office of the Deputy High Commissioner for Pakistan in India at Calcutta and came to Jamshedpur and began to live there. In December, 1960, he made an application under Section 5(1) of the Indian Citizenship Act, 1955, for registration as a citizen of India. This application was rejected. The Government of Bihar issued a notice, directing him not to remain in India after the 16th March, 3961, and to leave India by land route. By a letter dated the 17th June, 1961, issued from the office of the Superintendent of Police, Jamshedpur, his period of stay in India was extended for three months, with effect from the 30th June, 1961, but he continued to stay in spite of the service of this order, in India, without any valid document or residential permit Again, by letter dated the 22nd August, 1961, the Superintendent of Police directed him to secure necessary travel documents from the Pakistan Mission in India by the 5th September, 1961, failing which he would be deported from India. He failed to comply with this direction also, and, thereafter, the instant case was started against him under Section 14 of the Foreigners Act.

(3.) The petitioner's defence was that he was an Indian National, born and brought up in Midnapur district. He had no intention to reside in Pakistan, but he went there in search of better employment. His entire family was residing in Midnapur district throughout, and he has again applied to the Government of India for granting him Indian citizenship. He, therefore, contended that the Bihar Government or the Superintendent of Police, Jamshedpur, had no jurisdiction to direct him to leave, India.