MEHRAJ MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition for issue of a writ of habeas corpus under Art. 226 of the Constitution of India read with sec. 491 Cr. P. C. The petitioner Mehraj Mohammad's ca9e is that he was born and brought up in Banswara (Rajas-than) and had remained in the service of the erstwhile State of Banswara in the Settlement Department from 16 4-1945 to 7-4-1947. It is alleged that he had at no time migrated to Pakistan but that after coming into force of the Constitution of India, he went to West Pakistan in June 1950 to meet same friends there and came back to India on 25-94950 on the basis of a temporary permit which he was forced to obtain in the circumstances then prevailing in both the countries namely India and Pakistani He has further alleged that after coming back to India he was appointed as Ameen in the Settlement Department of the Government of Rajasthan and was posted at Bhilwara on 17-5-1952 and was subsequently confirmed in this post on 6-3-1968. He was arrested on 24 1-1972 in pursuance of the order dated 24-1-1972 passed by the District Magistrate, Bhilwara in exercise of his powers under sec. 5 of the foreigners (Internment) Order, 1962. The petitioner's complaint is that the impugned order of arrest and detention passed by the District Magistrate Bhilwara (a copy of which has been placed on the record and marked Annexure 3) is ultra-vires, illegal and void because the petitioner is neither a Pakistan National, nor a foreigner, but is a citizen of India.

(2.) THE petition has been opposed on behalf of the State of Rajasthan which has also filed a written reply. THE case put forward by the State is that the petitioner migrated to Pakistan on partition of the country and after having acquired the citizenship of Pakistan, he come to India on a temporary permit to take his wife, who was living in Kota, to Pakistan. It has been urged that the petitioner is a Pakistan National as described in the impugned order of detention (Annexure 3), and that he has been detained in the public interest as an internee.