NISAR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, presented on 125-1950. The petitioner Nisar Ahmad claims that he is a citizen of India inasmuch as he and his family were permanent residents of Jodhpur and had certain immovable property consisting of houses and lands in Marwar. He alleges that he went to Karachi in Pakistan on 17-7-1948, to procure 500 cases of Scotch Whisky for the use of His Highness the Maharaja of Jodhpur, on the occasion of marriage of his sister, but before he could return, the Governor-General of India promulgated an Ordinance on 19-7-1948 to control the admission into India of persons from West Pakistan, (Ordinance No. XVII of 1948 ). Under the said Ordinance, persons entering into India from West Pakistan had to obtain a permit, and while it is alleged, the petitioner wanted to return for permanent residence in India, he was only given permit for temporary residence for three months by the High Commissioner for India in Pakistan. It is alleged that after return to Jodhpur, on 30-7-1948, he made several attempts to obtain a permit for permanent stay in India from the High Commissioner for India in pakistan, but none was issued to him. His temporary permit was extended on several occasions but the last extension was to expire on 19-5-1950. It was alleged that the Superintendent of Police, Jodhpur by a letter dated 2-2-1950 had warned him to leave India on pain of prosecution under the Influx from West pakistan (Control) Act, 1949. In a supplementary affidavit it was alleged that he was arrested at Delhi on 24-51950 under the Influx from Pakistan Act, XXIII of 1949, by the Jodhpur Police and his removal from India was in contemplation by the Jodhpur Police. The petitioner urged that as a citizen of India, he had, under Art. 19 of the Constitution, the right to reside and settle in any part of the territory of India and that the action of the police was an inroad upon the fundamental right of the petitioner. It was prayed that the Government be restrained from compelling the petitioner to leave India and his right to reside in the territory of Rajasthan may be upheld.

(2.) THE Collector of Jodhpur, in a reply on behalf of the Government of Rajasthan, intimated on 14-7-1950 that the warrant for arrest of Nisar Ahmad was issued in pursuance of the Order of the Government of India that he should be deported, but it was served at Delhi as the-said Nisar Ahmad had absconded from Jodhpur. On motion by the petitioner, the Union off India was made a party, and the same reliefs were claimed against the Union. The Government Advocate, who appeared both for the Government of Rajasthan and the Government of India, did not admit the petitioner to be a resident of former Jodhpur State and denied that he was " citizen of India. It was alleged that the petitioner was a resident of some place in district Muzaffar Nagar in U. P. , but had migrated to Pakistan after the Partition, and that after 15-8-1947, the petitioner paid numerous visits to Pakistan before his last visit on 17-7-1948. It was alleged that the petitioner was granted temporary permit by the High commissioner in India in accordance with the application. The history and antecedents of the petitioner supported by certain affidavits were submitted, and it was stated that the petitioner was a staunch supporter of the Muslim League and was its President for a number of years- He was stated to be-wedded completely to the ideology of the Muslim League and had his ties and loyalty with. Pakistan. His numerous visits to Pakistan were stated to be in connection with his anti-Indian activities and he was alleged to be in league with Pakistan Officials and was acting as their spy. His anti-Indian activities for the period before and after partition were mentioned by extracts from some confidential reports of the inspector General of Police, Jodhpur.

(3.) THE allegation that he was hand in glove with Pakistan and was acting as a spy of the Dominion were seriously denied by the petitioner. On the other hand, it was alleged that his trips to Pakistan were, on more than one occasion, at the request of His Highness the Maharaja of Jodhpur to carry out certain innocent objects and the petitioner carried out only the wishes of the Maharaja as his humble and loyal subject. A visit with his family and children to Pakistan was explained on the ground that one of his children was ill and he went there to obtain the advice of a certain Doctor in Pakistan.