When this fact was brought out in the companynter affidavit filled on behalf of the respondent, the petitioner filed a further affidavit stating that he was appointed as a Police Constable in Hasanganj Police Station, District Fatehpur, P. in February 1947 and companytinued as a Police Constable till the middle of 1950 when he was dismissed from service, and that he went to Pakistan in the year 1951.
If these statements were companyrect the petitioner would clearly be a Pakistani national.
In the reply affidavit filed on behalf of the respondent it is stated that one Md. Masood Khan son of Zahoor Khan was enrolled as Police Constable on 16 9 1947 and he was discharged from service on 20 5 1949.
Under Article 32 of the Constitution of India for issue of a writ in the nature of have as companypus.
117 of 1973.
ORIGINAL JURISDICTION Writ Petition No.
In his application for visa he had stated that he had migrated to Pakistan in 1948 and was in Government service in Pakistan in P.W.D. as a Darogha and had given his permanent address as Hyderabad Sind .
Uma Datta, for the petitioner.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. Petitioner Masud Khan prays for his release on the ground that he, an Indian citizen has been illegally arrested and companyfined to, jail under Paragraph 5 of the Foreigners Internment Order, 1962.
P. Rana for the respondent.
He had companye to India from Pakistan on the basis of a Pakistani passport dated 13 7 1954 and Indian visa dated 9 4 1956.
P. Uniyal and 0.
It is fairly clear that this information culled from the English Order Book from 1 10 1947 to 27 12 1951 refers to the petitioner.
