HASAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a writ application under Article 226 of the Constitution of India by one Hasan Khan.

(2.) The petitioner's case is, that his parents are residents of Amber in Jaipur district and that he was also bom at Amber. In 1955, he was prosecuted in the court of the Sub-Divisional Magistrate, Amber, on the allegations that he had migrated to Pakistan in 1950, that he had become a national of Pakistan, that he had returned to India on a passport and had over-stayed the period for which he was allowed to stay in India. He denied all the allegations made against him and eventually he was acquitted of the offence under Section 3 of the Indian Passport Act of 1920 on 27-9-56 by Magistrate First Class Jaipur District to whom the case was transferred. Thereafter, he was living peacefully with his family members at Amber. On the morning of 14-9-1959, a constable came to his house and told him that he was wanted by the Station House Officer, Amber. He, therefore, went to the police station. The Station House Officer sent him to the office of the Superintendent of Police, Jaipur, with two constables. When he reached there, he was served with a notice under the signatures of the Superintendent of Police, whereby, he was asked to leave India within six hours. In the alternative, he was given a threat of deportation. He intimated the Station House Officer that he was once acquitted by a competent court and that he never entered India with or without a passport and that the order passed against him was therefore illegal. He proceeds to say that no attention was given to his request and then he was taken to Banner by two constables on 15-9-1959. They reached Barmer on 169-1959, in the morning. From Banner he was taken to police station, Gadra Road, on 17-9-1959, and there he was handed over to the charge of a head constable, who in turn asked one of the constables of the outpost to take him to the border of Pakistan. The constable took him to the border of India and he was left one mile away from the border of Pakistan. When the constable had gone away, the petitioner came back to a hamlet in the territory of India and then came to Jodhpur on foot. Ultimately, he went back to Amber and began to reside with his family members. It is alleged by the petitioner that the police has come to know of his return to his house and that it is again trying to arrest and deport him. It is contended that the order passed by the Superintendent of Police, Jaipur (respondent No. 2) on 14-9-1959 under Section 12 of the Foreigners' Act, 1946, was illegal, because he is a citizen of India and has not registered himself as a citizen of any other country. It is prayed by him that a writ in the nature of prohibition or a direction should be issued to the respondents to the effect that he should not be arrested and deported to Pakistan.

(3.) In the reply which has been filed on behalf of the respondents, it is admitted that the parents of the petitioner are living at Amber. It is also admitted that he was prosecuted in the court of the Sub-Divisional Magistrate, Amber, and that on the case being transferred to the court of Magistrate First Class, Jaipur District, he was acquitted of the charge under Section 3 of the Indian Passport Act, 1920, on 27-9-1956. It is further admitted that respondent No. 2 had served upon the petitioner a notice, on 14-9-59 directing him to leave India within six hours and that he was actually deported on 25-9-1959. The respondents have, however, sought to justify the action taken against the petitioner on the ground that he had migrated to Pakistan in 1950 and that he became a Pakistani national thereafter. It is alleged against the petitioner that he had returned to India on a passport No. 122489 and that although the said passport is not available, this fact is established by an application for a visa dated 27-7-53 a copy of which has been produced and marked as Ex. 2. It is contended that the respondents were authorised to deport the petitioner under Section 5 of the Indian Passport Act, 1920, and that this writ application should be dismissed. It is further urged that the petitioner may approach the Central Government under Section 9 of the Citizenship Act, 1955, read with Rule 30 of the Citizenship Rules, 1956, and this Court should not interfere in the matter, since the said remedy is open to the petitioner.