NIYAZ MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution whereby the petitioners Niyaz Mohammed, his wife Fatma and his sons residents of Nimbahera seek to challenge an order of deportation passed against them by the Superintendent of Police Chittor directing them to leave India.

(2.) IT is asserted by the petitioners that all of them were born in India and had their domicile in the the territory of India on 26. 1. 50, when the Constitution of India came into force. IT is, therefore, claimed that they were Indian citizens by virtue of Art. 5 of the Constitution of India. According to the petitioners they had visited Pakistan temporarily sometime in the year 1953 for the first time to find work there as labourers and it was never their intention to settle there permanently or to acquire the citizenship of Pakistani The petition proceeds to say that the petitioners returned to India on 10. 2. 56 on a pass-port and a visa valid for three months and thereafter, they continued to stay in India. On or about 1. 4. 59, they were prosecuted for an offence under sec. 14 of the Foreigners Act, 1946 and were acquitted by the S. D. M. Nimbahera and the learned Magistrate held that the petitioners could not be treated as foreigners in terms of the Foreigners Act, 1946, as it stood prior to its amendment by the Foreigners Laws (Amendment) Act, 1957. Their grievance is that the Supdt. of Police has unjustly ordered them to leave India.