ISMAIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution.

(2.) THE petitioner Ismail has come to this Court on the allegation that his parents are Indian citizens and he himself was a citizen of India. He went away to Pakistan in February, 1955, in the company of some persons but came back under a passport on 25th July, 1955. It was alleged that he was prosecuted for staying in India beyond the limit prescribed in the visa, but acquitted, on the plea taken by him that he was an Indian citizen, by the City Magistrate by judgment of 31st October, 1956. He was thereafter called by the police on 11th May, 1957 and was told that he would be deported to Pakistan, as he was a foreigner. It is alleged that the petitioner told the Police Officer that be was citizen of India and even an application was presented on his behalf, but nevertheless the Police was adamant and was bent upon deporting him from India. It is stated that he obtained his release under orders of the City Magistrate under a supardnama executed by Fakruddin, but he apprehended that he may again be arrested and sent to Pakistan. He prayed for a writ of prohibition directing the Superintedent of Police and the State of Rajasthan not to deport him away from India.